Today's Law As Amended


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SB-1080 Deadly weapons.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 626.91 is added to the Penal Code, to read:

626.91.
 Possession of ammunition on school grounds is governed by Section 30310.

SEC. 2.

 Section 653k of the Penal Code is repealed.

SEC. 3.

 Section 830.95 is added to the Penal Code, to read:

830.95.
 (a) Any person who wears the uniform of a peace officer while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor, whether or not the person is a peace officer.
(b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law.

SEC. 4.

 Title 2 (commencing with Section 12000) of Part 4 of the Penal Code is repealed.

SEC. 5.

 Title 2 (commencing with Section 12001) is added to Part 4 of the Penal Code, to read:

TITLE 2. SENTENCE ENHANCEMENTS

12001.
 As used in this title, “firearm” has the meaning provided in subdivision (a) of Section 16520.
12003.
 If any section, subsection, sentence, clause, or phrase of this title or any other provision listed in Section 16580 is for any reason held to be unconstitutional, that decision shall not affect the validity of the remaining portions of this title or any other provision listed in Section 16580. The Legislature hereby declares that it would have passed this title and any other provision listed in Section 16580, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
12021.5.
 (a) Every person who carries a loaded or unloaded firearm on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for one, two, or three years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence.
(b) Every person who carries a loaded or unloaded firearm together with a detachable shotgun magazine, a detachable pistol magazine, a detachable magazine, or a belt-feeding device on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for two, three, or four years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence.
(c) As used in this section, the following definitions shall apply:
(1) “Detachable magazine” means a device that is designed or redesigned to do all of the following:
(A) To be attached to a rifle that is designed or redesigned to fire ammunition.
(B) To be attached to, and detached from, a rifle that is designed or redesigned to fire ammunition.
(C) To feed ammunition continuously and directly into the loading mechanism of a rifle that is designed or redesigned to fire ammunition.
(2) “Detachable pistol magazine” means a device that is designed or redesigned to do all of the following:
(A) To be attached to a semiautomatic firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition.
(B) To be attached to, and detached from, a firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition.
(C) To feed ammunition continuously and directly into the loading mechanism of a firearm that is not a rifle or a shotgun that is designed or redesigned to fire ammunition.
(3) “Detachable shotgun magazine” means a device that is designed or redesigned to do all of the following:
(A) To be attached to a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth or rifled bore.
(B) To be attached to, and detached from, a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth bore.
(C) To feed fixed shotgun shells continuously and directly into the loading mechanism of a firearm that is designed or redesigned to fire a fixed shotgun shell.
(4) “Belt-feeding device” means a device that is designed or redesigned to continuously feed ammunition into the loading mechanism of a machinegun or a semiautomatic firearm.
(5) “Rifle” shall have the same meaning as specified in Section 17090.
(6) “Shotgun” shall have the same meaning as specified in Section 17190.
(d) This section shall become operative on January 1, 2011.
12022.
 (a) (1) Except as provided in subdivisions (c) and (d), any person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless the arming is an element of that offense. This additional term shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.
(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or Section 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon or machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon or machinegun, or a .50 BMG rifle.
(b) (1) Any person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be one, two, or three years.
(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(c) Notwithstanding the enhancement set forth in subdivision (a), any person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code, shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.
(d) Notwithstanding the enhancement set forth in subdivision (a), any person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment in the state prison for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as one, single enhancement.
(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
12022.1.
 (a) For the purposes of this section only:
(1) “Primary offense” means a felony offense for which a person has been released from custody on bail or on his or her own recognizance prior to the judgment becoming final, including the disposition of any appeal, or for which release on bail or his or her own recognizance has been revoked. In cases where the court has granted a stay of execution of a county jail commitment or state prison commitment, “primary offense” also means a felony offense for which a person is out of custody during the period of time between the pronouncement of judgment and the time the person actually surrenders into custody or is otherwise returned to custody.
(2) “Secondary offense” means a felony offense alleged to have been committed while the person is released from custody for a primary offense.
(b) Any person arrested for a secondary offense which was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years in state prison which shall be served consecutive to any other term imposed by the court.
(c) The enhancement allegation provided in subdivision (b) shall be pleaded in the information or indictment which alleges the secondary offense, or in the information or indictment of the primary offense if a conviction has already occurred in the secondary offense, and shall be proved as provided by law. The enhancement allegation may be pleaded in a complaint but need not be proved at the preliminary hearing or grand jury hearing.
(d) Whenever there is a conviction for the secondary offense and the enhancement is proved, and the person is sentenced on the secondary offense prior to the conviction of the primary offense, the imposition of the enhancement shall be stayed pending imposition of the sentence for the primary offense. The stay shall be lifted by the court hearing the primary offense at the time of sentencing for that offense and shall be recorded in the abstract of judgment. If the person is acquitted of the primary offense the stay shall be permanent.
(e) If the person is convicted of a felony for the primary offense, is sentenced to state prison for the primary offense, and is convicted of a felony for the secondary offense, any state prison sentence for the secondary offense shall be consecutive to the primary sentence.
(f) If the person is convicted of a felony for the primary offense, is granted probation for the primary offense, and is convicted of a felony for the secondary offense, any state prison sentence for the secondary offense shall be enhanced as provided in subdivision (b).
(g) If the primary offense conviction is reversed on appeal, the enhancement shall be suspended pending retrial of that felony. Upon retrial and reconviction, the enhancement shall be reimposed. If the person is no longer in custody for the secondary offense upon reconviction of the primary offense, the court may, at its discretion, reimpose the enhancement and order him or her recommitted to custody.
12022.2.
 (a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(c) As used in this section, “body vest” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.
(d) This section shall become operative on January 1, 2011.
12022.3.
 For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 262, 264.1, 286, 288, 288a, or 289, and in addition to the sentence provided, any person shall receive the following:
(a) A 3-, 4-, or 10-year enhancement if the person uses a firearm or a deadly weapon in the commission of the violation.
(b) A one-, two-, or five-year enhancement if the person is armed with a firearm or a deadly weapon.
12022.4.
 (a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(b) This section shall become operative on January 1, 2011.
12022.5.
 (a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 30510 or Section 30515, or a machinegun, as defined in Section 16880, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.
(c) Notwithstanding Section 1385 or any other provisions of law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section.
(d) Notwithstanding the limitation in subdivision (a) relating to being an element of the offense, the additional term provided by this section shall be imposed for any violation of Section 245 if a firearm is used, or for murder if the killing is perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death.
(e) When a person is found to have personally used a firearm, an assault weapon, a machinegun, or a .50 BMG rifle, in the commission of a felony or attempted felony as provided in this section and the firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(f) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as one, single enhancement.
12022.53.
 (a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter).
(8) Section 261 or 262 (rape).
(9) Section 264.1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (sexual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the state prison for life.
(18) Any attempt to commit a crime listed in this subdivision other than an assault.
(b) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.
(d) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.
(e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense.
(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).
(g) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person found to come within the provisions of this section.
(h) Notwithstanding Section 1385 or any other provision of law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section.
(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other provision of law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. When an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.
(k) When a person is found to have used or discharged a firearm in the commission of an offense that includes an allegation pursuant to this section and the firearm is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(l) The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5.
12022.55.
 Notwithstanding Section 12022.5, any person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, as defined in Section 12022.7, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.
12022.6.
 (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, the court shall impose an additional term as follows:
(1) If the loss exceeds sixty-five thousand dollars ($65,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of one year.
(2) If the loss exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of two years.
(3) If the loss exceeds one million three hundred thousand dollars ($1,300,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of three years.
(4) If the loss exceeds three million two hundred thousand dollars ($3,200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of four years.
(b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, the additional terms provided in this section may be imposed if the aggregate losses to the victims from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts of the taking, damage, or destruction in excess of the amounts provided in this section are charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d) This section applies to, but is not limited to, property taken, damaged, or destroyed in violation of Section 502 or subdivision (b) of Section 502.7. This section shall also apply to applicable prosecutions for a violation of Section 350, 653h, 653s, or 653w.
(e) For the purposes of this section, the term “loss” has the following meanings:
(1) When counterfeit items of computer software are manufactured or possessed for sale, the “loss” from the counterfeiting of those items shall be equivalent to the retail price or fair market value of the true items that are counterfeited.
(2) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing envelopes, the “loss” from the counterfeiting of those components of computer software packages shall be equivalent to the retail price or fair market value of the number of completed computer software packages that could have been made from those components.
(f) It is the intent of the Legislature that the provisions of this section be reviewed within 10 years to consider the effects of inflation on the additional terms imposed. For that reason this section shall remain in effect only until January 1, 2018, and as of that date is repealed unless a later enacted statute, which is enacted before January 1, 2018, deletes or extends that date.
12022.7.
 (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature, shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.
12022.75.
 (a) Except as provided in subdivision (b), any person who, for the purpose of committing a felony, administers by injection, inhalation, ingestion, or any other means, any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, against the victim’s will by means of force, violence, or fear of immediate and unlawful bodily injury to the victim or another person, shall, in addition and consecutive to the penalty provided for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years.
(b) (1) Any person who, in the commission or attempted commission of any offense specified in paragraph (2), administers any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code to the victim shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(2) This subdivision shall apply to the following offenses:
(A) Rape, in violation of paragraph (3) or (4) of subdivision (a) of Section 261.
(B) Sodomy, in violation of subdivision (f) or (i) of Section 286.
(C) Oral copulation, in violation of subdivision (f) or (i) of Section 288a.
(D) Sexual penetration, in violation of subdivision (d) or (e) of Section 289.
(E) Any offense specified in subdivision (c) of Section 667.61.
12022.8.
 Any person who inflicts great bodily injury, as defined in Section 12022.7, on any victim in a violation of Section 220 involving a specified sexual offense, or a violation or attempted violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of Section 262, Section 264.1, subdivision (b) of Section 288, subdivision (a) of Section 289, or sodomy or oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person as provided in Section 286 or 288a shall receive a five-year enhancement for each violation in addition to the sentence provided for the felony conviction.
12022.85.
 (a) Any person who violates one or more of the offenses listed in subdivision (b) with knowledge that he or she has acquired immune deficiency syndrome (AIDS) or with the knowledge that he or she carries antibodies of the human immunodeficiency virus at the time of the commission of those offenses, shall receive a three-year enhancement for each violation in addition to the sentence provided under those sections.
(b) Subdivision (a) applies to the following crimes:
(1) Rape in violation of Section 261.
(2) Unlawful intercourse with a person under 18 years of age in violation of Section 261.5.
(3) Rape of a spouse in violation of Section 262.
(4) Sodomy in violation of Section 286.
(5) Oral copulation in violation of Section 288a.
(c) For purposes of proving the knowledge requirement of this section, the prosecuting attorney may use test results received under subdivision (c) of Section 1202.1 or subdivision (g) of Section 1202.6.
12022.9.
 Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with intent to inflict injury, and without the consent of the woman, personally inflicts injury upon a pregnant woman that results in the termination of the pregnancy shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. The additional term provided in this subdivision shall not be imposed unless the fact of that injury is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187.
12022.95.
 Any person convicted of a violation of Section 273a, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. Nothing in this paragraph shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is included within an accusatory pleading and admitted by the defendant or found to be true by the trier of fact.

SEC. 6.01.

 Section 12021.5 is added to the Penal Code, to read:

12021.5.
 (a) Every person who carries a loaded or unloaded firearm on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for one, two, or three years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence.
(b) Every person who carries a loaded or unloaded firearm together with a detachable shotgun magazine, a detachable pistol magazine, a detachable magazine, or a belt-feeding device on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for two, three, or four years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence.
(c) As used in this section, the following definitions shall apply:
(1) “Detachable magazine” means a device that is designed or redesigned to do all of the following:
(A) To be attached to a rifle that is designed or redesigned to fire ammunition.
(B) To be attached to, and detached from, a rifle that is designed or redesigned to fire ammunition.
(C) To feed ammunition continuously and directly into the loading mechanism of a rifle that is designed or redesigned to fire ammunition.
(2) “Detachable pistol magazine” means a device that is designed or redesigned to do all of the following:
(A) To be attached to a semiautomatic firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition.
(B) To be attached to, and detached from, a firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition.
(C) To feed ammunition continuously and directly into the loading mechanism of a firearm that is not a rifle or a shotgun that is designed or redesigned to fire ammunition.
(3) “Detachable shotgun magazine” means a device that is designed or redesigned to do all of the following:
(A) To be attached to a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth or rifled bore.
(B) To be attached to, and detached from, a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth bore.
(C) To feed fixed shotgun shells continuously and directly into the loading mechanism of a firearm that is designed or redesigned to fire a fixed shotgun shell.
(4) “Belt-feeding device” means a device that is designed or redesigned to continuously feed ammunition into the loading mechanism of a machinegun or a semiautomatic firearm.
(5) “Rifle” shall have the same meaning as specified in Section 17090.
(6) “Shotgun” shall have the same meaning as specified in Section 17190.
(d) This section shall become operative on January 1, 2012.

SEC. 6.02.

 Section 12022.2 is added to the Penal Code, to read:

12022.2.
 (a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(c) As used in this section, “body vest” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.
(d) This section shall become operative on January 1, 2012.

SEC. 6.03.

 Section 12022.4 is added to the Penal Code, to read:

12022.4.
 (a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(b) This section shall become operative on January 1, 2012.

SEC. 6.04.

 Section 16520 is added to the Penal Code, to read:

16520.
 (a) As used in this part, “firearm” means any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion.
(b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code.
(c) As used in the following provisions, “firearm” also includes any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(6) Sections 26500 to 26588, inclusive.
(7) Sections 26700 to 26915, inclusive.
(8) Section 27510.
(9) Section 27530.
(10) Section 27540.
(11) Section 27545.
(12) Sections 27555 to 27570, inclusive.
(13) Sections 29010 to 29150, inclusive.
(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device.
(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.

SEC. 6.045.

 Section 16650 is added to the Penal Code, to read:

16650.
 (a) As used in this part, “handgun ammunition” means any variety of ammunition in the following calibers, notwithstanding that the ammunition may also be used in some rifles:
(1) .22.
(2) .25.
(3) .32.
(4) .38.
(5) .9mm.
(6) .10mm.
(7) .40.
(8) .41.
(9) .44.
(10) .45.
(11) 5.7x28mm.
(12) .223.
(13) .357.
(14) .454.
(15) 5.56x45mm.
(16) 7.62x39.
(17) 7.63mm.
(18) 7.65mm.
(19) .50.
(b) As used in the part, “handgun ammunition” does not include either of the following:
(1) Ammunition designed and intended to be used in an antique firearm.
(2) Blanks.

SEC. 6.05.

 Section 16840 is added to the Penal Code, to read:

16840.
 (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.
(b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (b) of Section 25400, and in Sections 25850 to 26055, inclusive:
(1) A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

SEC. 6.06.

 Section 17000 is added to the Penal Code, to read:

17000.
 (a) As used in this part, “personal handgun importer” means an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Sections 26700 to 26915, inclusive.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a handgun.
(5) The individual acquired that handgun outside of California.
(6) The individual moved into this state on or after January 1, 1998, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998.
(8) The handgun was not delivered to the individual by a person licensed pursuant to Sections 26700 to 26915, inclusive, who delivered that handgun following the procedures set forth in Section 27540 and Sections 26700 to 26915, inclusive.
(9) The individual, while a resident of this state, had not previously reported ownership of that handgun to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The handgun is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The handgun is not an assault weapon.
(12) The handgun is not a machinegun.
(13) The person is 18 years of age or older.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

SEC. 6.07.

 Section 17000 is added to the Penal Code, to read:

17000.
 (a) As used in this part, until July 1, 2012, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and, on and after July 1, 2012, any reference to the term “personal handgun importer” shall be deemed to mean “personal firearm importer.” A “personal handgun importer,” until July 1, 2012, and commencing July 1, 2012, a “personal firearm importer” means an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Sections 26700 to 26915, inclusive.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after July 1, 2012, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, the individual intends to possess that firearm within this state on or after July 1, 2012.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Sections 26700 to 26915, inclusive, who delivered that firearm following the procedures set forth in Section 27540 and Sections 26700 to 26915, inclusive.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

SEC. 6.08.

 Section 17040 is added to the Penal Code, to read:

17040.
 As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, “public place” has the same meaning as in Section 25850.

SEC. 6.09.

 Section 17295 is added to the Penal Code, to read:

17295.
 For purposes of Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed “unloaded” if it is not “loaded” within the meaning of subdivision (b) of Section 16840.

SEC. 6.10.

 Section 17510 is added to the Penal Code, to read:

17510.
 (a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor:
(1) Carries concealed upon the person, or within any vehicle which is under the person’s control or direction, any handgun.
(2) Carries a loaded firearm upon the person or within any vehicle that is under the person’s control or direction.
(3) Carries a deadly weapon.
(4) Openly carries an unloaded handgun upon the person outside of a vehicle.
(b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law.
(c) The following provisions shall not be construed to authorize any conduct described in paragraph (1) of subdivision (a):
(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4.
(2) Sections 25615 to 25655, inclusive.
(d) Sections 25900 to 26020, inclusive, shall not be construed to authorize any conduct described in paragraph (2) of subdivision (a).
(e) Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 shall not be construed to authorize any conduct described in paragraph (4) of subdivision (a).

SEC. 6.11.

 Section 22295 is added to the Penal Code, to read:

22295.
 (a) Nothing in any provision listed in Section 16580 prohibits any police officer, special police officer, peace officer, or law enforcement officer from carrying any wooden club or baton.
(b) Nothing in any provision listed in Section 16580 prohibits a uniformed security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of employment, from carrying any wooden club or baton if the uniformed security guard has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training.
(c) The Department of Consumer Affairs, in cooperation with the Commission on Peace Officer Standards and Training, shall develop standards for a course in the carrying and use of a club or baton.
(d) Any uniformed security guard who successfully completes a course of instruction under this section is entitled to receive a permit to carry and use a club or baton within the scope of employment, issued by the Department of Consumer Affairs. The department may authorize a certified training institution to issue permits to carry and use a club or baton. A fee in the amount provided by law shall be charged by the Department of Consumer Affairs to offset the costs incurred by the department in course certification, quality control activities associated with the course, and issuance of the permit.
(e) Any person who has received a permit or certificate that indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a club or baton permit or complete a course certified by the Department of Consumer Affairs.
(f) Any person employed as a county sheriff’s or police security officer, as defined in Section 831.4, shall not be required to obtain a club or baton permit or to complete a course certified by the Department of Consumer Affairs in the carrying and use of a club or baton, provided that the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton, within 90 days of employment.
(g) Nothing in any provision listed in Section 16580 prohibits an animal control officer, as described in Section 830.9, or an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the animal control officer or illegal dumping enforcement officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The training institution certified by the Commission on Peace Officer Standards and Training to present this course, whether public or private, is authorized to charge a fee covering the cost of the training.

SEC. 6.12.

 Section 25400 is added to the Penal Code, to read:

25400.
 (a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person’s control or direction any handgun.
(2) Carries concealed upon the person any handgun.
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any handgun.
(b) Carrying a concealed firearm in violation of this section is punishable as follows:
(1) If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) If both of the following conditions are met, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:
(A) The handgun is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that handgun.
(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.
(d) The court shall apply the three-month minimum sentence as specified in subdivision (c), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (c) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (c), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(e) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (b) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the handgun, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (b) are met.

SEC. 6.13.

 Section 25590 is added to the Penal Code, to read:

25590.
 Section 25400 does not apply to, or affect, the transportation by a member of an organization of a firearm directly to, or directly from, official parade duty or ceremonial occasions of that organization, or a place for the purpose of rehearsing or practicing for official parade duty or ceremonial occasions of that organization, if the organization is chartered by the Congress of the United States, or is a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service.

SEC. 6.14.

 Section 25595 is added to the Penal Code, to read:

25595.
 This article does not prohibit or limit the otherwise lawful carrying or transportation of any handgun in accordance with the provisions listed in Section 16580.

SEC. 6.15.

 Section 25605 is added to the Penal Code, to read:

25605.
 (a) Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident, any handgun.
(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055, inclusive.

SEC. 6.16.

 Chapter 6 (commencing with Section 26350) is added to Division 5 of Title 4 of Part 6 of the Penal Code, to read:

CHAPTER  6. Openly Carrying an Unloaded Handgun
Article  1. Crime of Openly Carrying an Unloaded Handgun
26350.
 (a) A person is guilty of openly carrying an unloaded handgun when that person carries upon the person an exposed and unloaded handgun outside 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 an unincorporated territory.
(b) A violation of this section is punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
(2) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.
(d) Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section.
Article  2. Exemptions
26361.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any peace officer or any honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
26362.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person to the extent that person may carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
26363.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun as merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.
26364.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.
26365.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using handguns upon the target ranges or incident to the use of a handgun at that target range.
26366.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while engaged in hunting or while transporting that handgun when going to or returning from that hunting expedition.
26367.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.
26368.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.
26369.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.
26370.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority.
26371.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when in accordance with the provisions of Section 171b.
26372.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person while engaged in the act of making or attempting to make a lawful arrest.
26373.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to loaning, selling, or transferring that handgun in accordance with Article 1 (commencing with Section 27500) of Chapter 4 of Division 6, or in accordance with any of the exemptions from Section 27545, so long as that handgun is possessed within private property and the possession and carrying is with the permission of the owner or lessee of that private property.
26374.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person engaged in firearms-related activities, while on the premises of a fixed place of business which is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.
26375.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television or video production, or entertainment event, when the participant lawfully uses the handgun as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.
26376.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to obtaining an identification number or mark assigned for that handgun from the Department of Justice pursuant to Section 23910.
26377.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun at any established target range, whether public or private, while the person is using the handgun upon the target range.
26378.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.
26379.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following:
(a) Complying with Section 27560 or 27565, as it pertains to that handgun.
(b) Section 28000, as it pertains to that handgun.
(c) Section 27850 or 31725, as it pertains to that handgun.
(d) Complying with Section 27870 or 27875, as it pertains to that handgun.
(e) Complying with Section 27915, 27920, or 27925, as it pertains to that handgun.
26380.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.
26381.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.
26382.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to and at the request of a sheriff or chief or other head of a municipal police department.
26383.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when done within a place of business, a place of residence, or on private property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry openly an unloaded handgun within that place of business, place of residence, or on that private property owned or lawfully possessed by that person.
26384.
 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun if all of the following conditions are satisfied:
(a) The open carrying occurs at an auction or similar event of a nonprofit public benefit or mutual benefit corporation, at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(b) The unloaded handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(c) The unloaded handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26925, inclusive.
26385.
 (a)  The open carrying of an unloaded handgun pursuant to paragraph (3) of subdivision (b) of Section 171c is not a violation of Section 26350.
(b) Operation of this section is contingent on AB 2668 adding Section 171c to the Penal Code, and being enacted and becoming effective on or before January 1, 2011.
26386.
 (a)  The open carrying of an unloaded handgun pursuant to subparagraph (F) of paragraph (1) subdivision (c) of Section 171.7 is not a violation of Section 26350.
(b) Operation of this section is contingent on AB 2324 adding Section 171.7 to the Penal Code, and being enacted and becoming effective on or before January 1, 2011.

SEC. 6.17.

 Section 26600 is added to the Penal Code, to read:

26600.
 (a) Section 26500 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.18.

 Section 26610 is added to the Penal Code, to read:

26610.
 (a) Section 26500 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.19.

 Section 26615 is added to the Penal Code, to read:

26615.
 (a) Section 26500 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.20.

 Section 26805 is added to the Penal Code, to read:

26805.
 (a) Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license.
(b) (1) A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any.
(2) A person conducting business pursuant to this subdivision shall publicly display the person’s license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision.
(c) (1) A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 26955, 27655, 27900, and 27905, subject to the prohibitions and restrictions contained in those sections.
(2) A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified in Section 27900.
(d) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.

SEC. 6.21.

 Section 26820 is added to the Penal Code, to read:

26820.
 No handgun or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

SEC. 6.22.

 Section 26840 is added to the Penal Code, to read:

26840.
 (a) Commencing April 1, 1994, and until January 1, 2003, no pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered unless the purchaser, transferee, or person being loaned the firearm presents to the dealer a basic firearms safety certificate.
(b) No dealer may deliver a handgun unless the person receiving the handgun presents to the dealer a valid handgun safety certificate. The firearms dealer shall retain a photocopy of the handgun safety certificate as proof of compliance with this requirement.

SEC. 6.23.

 Section 26845 is added to the Penal Code, to read:

26845.
 (a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.
(b) Satisfactory documentation shall include a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice.
(c) The firearms dealer shall retain a photocopy of the documentation as proof of compliance with this requirement.

SEC. 6.24.

 Section 26850 is added to the Penal Code, to read:

26850.
 (a) Except as authorized by the department, no firearms dealer may deliver a handgun unless the recipient performs a safe handling demonstration with that handgun.
(b) The safe handling demonstration shall commence with the handgun unloaded and locked with the firearm safety device with which it is required to be delivered, if applicable. While maintaining muzzle awareness, that is, the firearm is pointed in a safe direction, preferably down at the ground, and trigger discipline, that is, the trigger finger is outside of the trigger guard and along side of the handgun frame, at all times, the handgun recipient shall correctly and safely perform the following:
(1) If the handgun is a semiautomatic pistol, the steps listed in Section 26853.
(2) If the handgun is a double-action revolver, the steps listed in Section 26856.
(3) If the handgun is a single-action revolver, the steps listed in Section 26859.
(c) The recipient shall receive instruction regarding how to render that handgun safe in the event of a jam.
(d) The firearms dealer shall sign and date an affidavit stating that the requirements of subdivisions (a) and (b) have been met. The firearms dealer shall additionally obtain the signature of the handgun purchaser on the same affidavit. The firearms dealer shall retain the original affidavit as proof of compliance with this requirement.
(e) The recipient shall perform the safe handling demonstration for a department-certified instructor.
(f) No demonstration shall be required if the dealer is returning the handgun to the owner of the handgun.
(g) Department-certified instructors who may administer the safe handling demonstration shall meet the requirements set forth in subdivision (b) of Section 31635.
(h) The persons who are exempt from the requirements of subdivision (a) of Section 31615, pursuant to Section 31700, are also exempt from performing the safe handling demonstration.

SEC. 6.25.

 Section 26865 is added to the Penal Code, to read:

26865.
 The licensee shall offer to provide the purchaser or transferee of a firearm, or person being loaned a firearm, with a copy of the pamphlet described in Section 34205, and may add the cost of the pamphlet, if any, to the sales price of the firearm.

SEC. 6.26.

 Section 26890 is added to the Penal Code, to read:

26890.
 (a) Except as provided in subdivisions (b) and (c) of Section 26805, any time when the licensee is not open for business, all inventory firearms shall be stored in the licensed location. All firearms shall be secured using one of the following methods as to each particular firearm:
(1) Store the firearm in a secure facility that is a part of, or that constitutes, the licensee’s business premises.
(2) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.
(3) Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.
(b) The licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those specified in subdivision (a).
(c) Upon written request from a licensee, the licensing authority may grant an exemption from compliance with the requirements of subdivision (a) if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee.
(d) Subdivision (a) or (b) shall not apply to a licensee organized as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of the Corporations Code, or as a mutual benefit corporation pursuant to Part 3 (commencing with Section 7110) of Division 2 of the Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation obtained the dealer’s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation.
(2) The firearms are not handguns.

SEC. 6.27.

 Section 26905 is added to the Penal Code, to read:

26905.
 (a) On the date of receipt, a licensee shall report to the Department of Justice, in a format prescribed by the department, the acquisition by the licensee of the ownership of a handgun, and commencing July 1, 2012, of any firearm.
(b) The provisions of this section shall not apply to any of the following transactions:
(1) A transaction subject to the provisions of Sections 26960 and 27660.
(2) The dealer acquired the firearm from a wholesaler.
(3) The dealer acquired the firearm from a person who is licensed as a manufacturer or importer to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.
(4) The dealer acquired the firearm from a person who resides outside this state who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.
(5) The dealer is also licensed as a secondhand dealer pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, acquires a handgun, and reports its acquisition pursuant to Section 21628.2 of the Business and Professions Code.

SEC. 6.28.

 Section 26955 is added to the Penal Code, to read:

26955.
 (a) The waiting period described in Section 26815 does not apply to a dealer who delivers a firearm, other than a handgun, at an auction or similar event described in Section 27900, as authorized by subdivision (c) of Section 26805.
(b) Within two business days of completion of the application to purchase, the dealer shall forward by prepaid mail to the Department of Justice a report of the application as is indicated in Section 28160 or 28165, as applicable.
(c) If the electronic or telephonic transfer of applicant information is used, within two business days of completion of the application to purchase, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

SEC. 6.29.

 Section 26960 is added to the Penal Code, to read:

26960.
 (a) The waiting period described in Section 26815 does not apply to the sale, delivery, or transfer of a handgun, and commencing July 1, 2012, a firearm that is not a handgun, by a dealer in either of the following situations:
(1) The dealer is delivering the firearm to another dealer, the firearm is not intended as merchandise in the receiving dealer’s business, and the requirements of subdivisions (b) and (c) are satisfied.
(2) The dealer is delivering the firearm to himself or herself, the firearm is not intended as merchandise in the dealer’s business, and the requirements of subdivision (c) are satisfied.
(b) If the dealer is receiving the firearm from another dealer, the dealer receiving the firearm shall present proof to the dealer delivering the firearm that the receiving dealer is licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800). This shall be done by complying with Section 27555.
(c) (1) Regardless of whether the dealer is selling, delivering, or transferring the firearm to another dealer or to himself or herself, on the date that the application to purchase is completed, the dealer delivering the firearm shall forward by prepaid mail to the Department of Justice a report of the application and the type of information concerning the purchaser or transferee as is indicated in Section 28160.
(2) Where electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit an electronic or telephonic report of the application and the type of information concerning the purchaser or transferee as is indicated in Section 28160.

SEC. 6.30.

 Section 26965 is added to the Penal Code, to read:

26965.
 (a) The waiting period described in Section 26815 does not apply to the sale, delivery, or transfer of a firearm to the holder of a special weapons permit issued by the Department of Justice pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of Division 10 of this title.
(b) On the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

SEC. 6.31.

 Section 27050 is added to the Penal Code, to read:

27050.
 (a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.32.

 Section 27060 is added to the Penal Code, to read:

27060.
 (a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.33.

 Section 27065 is added to the Penal Code, to read:

27065.
 (a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.34.

 Section 27110 is added to the Penal Code, to read:

27110.
 Until July 1, 2012, Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of firearms if all of the following conditions are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555.

SEC. 6.35.

 Section 27130 is added to the Penal Code, to read:

27130.
 Until July 1, 2012, Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to himself or herself.

SEC. 6.36.

 Section 27400 is added to the Penal Code, to read:

27400.
 (a) Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.37.

 Section 27410 is added to the Penal Code, to read:

27410.
 (a) Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.38.

 Section 27415 is added to the Penal Code, to read:

27415.
 (a) Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.39.

 Section 27540 is added to the Penal Code, to read:

27540.
 No dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall deliver a firearm to a person, as follows:
(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) No handgun shall be delivered unless the purchaser, transferee, or person being loaned the handgun presents a handgun safety certificate to the dealer.
(f) No handgun shall be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun and that the previous application to purchase involved none of the entities specified in subdivision (b) of Section 27535.

SEC. 6.40.

 Section 27560 is added to the Penal Code, to read:

27560.
 (a) Within 60 days of bringing a handgun into this state, and commencing July 1, 2012, within 60 days of bringing any firearm into this state, a personal firearm importer shall do one of the following:
(1) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.
(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to Sections 26700 to 26915, inclusive.
(4) Sell or transfer the firearm to a sheriff or police department.
(b) If all of the following requirements are satisfied, the personal firearm importer shall have complied with the provisions of this section:
(1) The personal firearm importer sells or transfers the firearm pursuant to Section 27545.
(2) The sale or transfer cannot be completed by the dealer to the purchaser or transferee.
(3) The firearm can be returned to the personal firearm importer.
(c) (1) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law.
(2) However, an act or omission punishable in different ways by this article and different provisions of the Penal Code shall not be punished under more than one provision.
(d) The department shall conduct a public education and notification program regarding this section to ensure a high degree of publicity of the provisions of this section.
(e) As part of the public education and notification program described in this section, the department shall do all of the following:
(1) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this section is advised of the provisions of this section, and provided with blank copies of the report described in paragraph (1) of subdivision (a), at the time when that person applies for a California driver’s license or registers a motor vehicle in accordance with the Vehicle Code.
(2) Make the reports referred to in paragraph (1) of subdivision (a) available to dealers licensed pursuant to Sections 26700 to 26915, inclusive.
(3) Make the reports referred to in paragraph (1) of subdivision (a) available to law enforcement agencies.
(4) Make persons subject to the provisions of this section aware of all of the following:
(A) The report referred to in paragraph (1) of subdivision (a) may be completed at either a law enforcement agency or the licensed premises of a dealer licensed pursuant to Sections 26700 to 26915, inclusive.
(B) It is advisable to do so for the sake of accuracy and completeness of the report.
(C) Before transporting a firearm to a law enforcement agency to comply with subdivision (a), the person should give notice to the law enforcement agency that the person is doing so.
(D) In any event, the handgun should be transported unloaded and in a locked container and a firearm that is not a handgun should be transported unloaded.
(f) Any costs incurred by the department to implement this section shall be absorbed by the department within its existing budget and the fees in the Dealers’ Record of Sale Special Account allocated for implementation of subdivisions (d) and (e) of this section pursuant to Section 28235.

SEC. 6.41.

 Section 27565 is added to the Penal Code, to read:

27565.
 (a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a handgun, or after July 1, 2012, any firearm.
(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department.

SEC. 6.42.

 Section 27590 is added to the Penal Code, to read:

27590.
 (a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of this article is punishable by imprisonment in the state prison for two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the provisions, other than Section 27535, of this article or former Section 12100 of this code, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, or Section 8101 of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any offense specified in Section 29905 or of a violation of Section 32625 or 33410, or of former Section 12560, as that section read at any time from when it was enacted by Section 4 of Chapter 931 of the Statutes of 1965 to when it was repealed by Section 14 of Chapter 9 of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code.
(5) A violation of this article by a person who actively participates in a “criminal street gang” as defined in Section 186.22.
(6) A violation of Section 27510 involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or in the state prison, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500.
(2) A violation of Section 27505 involving the sale, loan, or transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section 27540 involving a handgun.
(5) A violation of Section 27545 involving a handgun.
(6) A violation of Section 27550.
(d) If both of the following circumstances apply, an additional term of imprisonment in the state prison for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section 27500.
(2) The firearm transferred in violation of Section 27510 or subdivision (b) of Section 27500 is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a misdemeanor.
(4) For purposes of this subdivision each application to purchase a handgun in violation of Section 27535 shall be deemed a separate offense.

SEC. 6.43.

 Section 27600 is added to the Penal Code, to read:

27600.
 (a) Article 1 (commencing with Section 27500) does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.44.

 Section 27610 is added to the Penal Code, to read:

27610.
 (a) Article 1 (commencing with Section 27500) does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.45.

 Section 27615 is added to the Penal Code, to read:

27615.
 (a) Article 1 (commencing with Section 27500) does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.46.

 Section 27655 is added to the Penal Code, to read:

27655.
 (a) The waiting period described in Section 27540 does not apply to a dealer who delivers a firearm, other than a handgun, at an auction or similar event described in Section 27900, as authorized by subdivision (c) of Section 26805.
(b) Within two business days of completion of the application to purchase, the dealer shall forward by prepaid mail to the Department of Justice a report of the application as is indicated in Section 28160 or 28165, as applicable.
(c) If the electronic or telephonic transfer of applicant information is used, within two business days of completion of the application to purchase, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

SEC. 6.47.

 Section 27660 is added to the Penal Code, to read:

27660.
 (a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of a handgun, and commencing July 1, 2012, a firearm that is not a handgun, by a dealer in either of the following situations:
(1) The dealer is delivering the firearm to another dealer, the firearm is not intended as merchandise in the receiving dealer’s business, and the requirements of subdivisions (b) and (c) are satisfied.
(2) The dealer is delivering the firearm to himself or herself, the firearm is not intended as merchandise in the dealer’s business, and the requirements of subdivision (c) are satisfied.
(b) If the dealer is receiving the firearm from another dealer, the dealer receiving the firearm shall present proof to the dealer delivering the firearm that the receiving dealer is licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800). This shall be done by complying with Section 27555.
(c) (1) Regardless of whether the dealer is selling, delivering, or transferring the firearm to another dealer or to himself or herself, on the date that the application to purchase is completed, the dealer delivering the firearm shall forward by prepaid mail to the Department of Justice a report of the application and the type of information concerning the purchaser or transferee as is indicated in Section 28160.
(2) Where electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit an electronic or telephonic report of the application and the type of information concerning the purchaser or transferee as is indicated in Section 28160.

SEC. 6.48.

 Section 27665 is added to the Penal Code, to read:

27665.
 (a) The waiting period described in Section 27540 does not apply to the sale, delivery, or transfer of a firearm to the holder of a special weapons permit issued by the Department of Justice pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of Division 10 of this title.
(b) On the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the application as is indicated in Section 28160 or 28165, as applicable.

SEC. 6.49.

 Section 27710 is added to the Penal Code, to read:

27710.
 Until July 1, 2012, Section 27540 does not apply to the sale, delivery, or transfer of firearms if all of the following conditions are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555.

SEC. 6.50.

 Section 27730 is added to the Penal Code, to read:

27730.
 Until July 1, 2012, Section 27540 does not apply to the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to himself or herself.

SEC. 6.51.

 Section 27860 is added to the Penal Code, to read:

27860.
 Section 27545 does not apply to the sale, delivery, loan, or transfer of a firearm made by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to delivery.
(c) The firearm is not of a type prohibited from being sold, delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a written statement to the person selling, loaning, or transferring the firearm stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615.
(e) If title to a handgun, and commencing July 1, 2012, any firearm, is being transferred to the public or private nonprofit historical society, museum, or institutional collection, then the designated representative of that entity shall, within 30 days of taking possession of that firearm, forward by prepaid mail or deliver in person to the Department of Justice, a single report signed by both parties to the transaction, which includes all of the following information:
(1) Information identifying the person representing the public or private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision (d).
(f) The report forms that are to be completed pursuant to this section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days.

SEC. 6.52.

 Section 27870 is added to the Penal Code, to read:

27870.
 (a) Section 27545 does not apply to the transfer of a firearm, other than a handgun, by gift, bequest, intestate succession, or other means from one individual to another, if both of the following requirements are satisfied:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(b) This section shall become inoperative on July 1, 2012.

SEC. 6.53.

 Section 27875 is added to the Penal Code, to read:

27875.
 Section 27545 does not apply to the transfer of a handgun, and commencing July 1, 2012, a firearm that is not a handgun, by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the Department of Justice.
(d) The person taking title to the firearm shall first obtain a handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.

SEC. 6.54.

 Section 27880 is added to the Penal Code, to read:

27880.
 Section 27545 does not apply to the loan of a firearm between persons who are personally known to each other, if all of the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) The individual being loaned the handgun shall have a valid handgun safety certificate, if the firearm is a handgun.

SEC. 6.55.

 Section 27915 is added to the Penal Code, to read:

27915.
 (a) Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if both of the following requirements are satisfied:
(1) The firearm is not a handgun.
(2) The person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(b) This section shall become inoperative on July 1, 2012.

SEC. 6.56.

 Section 27920 is added to the Penal Code, to read:

27920.
 Section 27545 does not apply to a person who takes title or possession of a handgun, and commencing July 1, 2012, a firearm that is not a handgun, by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:
(a) If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (g), (i), or (j) of Section 16990, the person shall, within 30 days of taking possession, forward by prepaid mail or deliver in person to the Department of Justice, a report of information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(b) If the person taking title or possession is receiving the firearm pursuant to subdivision (g) of Section 16990, the person shall do both of the following:
(1) Within 30 days of taking possession, forward by prepaid mail or deliver in person to the department, a report of information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(2) Prior to taking title or possession of the firearm, the person shall obtain a handgun safety certificate, if the firearm is a handgun.
(c) Where the person receiving title or possession of the handgun, and commencing July 1, 2012, a firearm that is not a handgun, is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(d) Where the person receiving title or possession of the handgun, and commencing July 1, 2012, a firearm that is not a handgun, is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver that handgun to the person referred to in this subdivision unless, prior to the delivery of the handgun, the person presents proof to the agency that the person is the holder of a handgun safety certificate.
(e) The reports that individuals complete pursuant to this section shall be provided to them by the Department of Justice.

SEC. 6.57.

 Section 28000 is added to the Penal Code, to read:

28000.
 A person who is exempt from Section 27545 or is otherwise not required by law to report acquisition, ownership, or disposal of a handgun, and commencing July 1, 2012, a firearm that is not a handgun, or who moves out of this state with the person’s handgun, and commencing July 1, 2012, a firearm that is not a handgun, may report that to the Department of Justice in a format prescribed by the department.

SEC. 6.58.

 Section 28060 is added to the Penal Code, to read:

28060.
 The Attorney General shall adopt regulations under this chapter to do all of the following:
(a) Allow the seller or transferor or the person loaning the firearm, and the purchaser or transferee or the person being loaned the firearm, to complete a sale, loan, or transfer through a dealer, and to allow those persons and the dealer to preserve the confidentiality of those records and to comply with the requirements of this chapter and all of the following:
(1) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(2) Article 1 (commencing with Section 27500) of Chapter 4.
(3) Article 2 (commencing with Section 28150) of Chapter 6.
(4) Article 3 (commencing with Section 28200) of Chapter 6.
(b) Record sufficient information for purposes of subdivision (c) of Section 11106 in the instance where a firearm is returned to a personal firearm importer because a sale or transfer of that firearm by the personal firearm importer could not be completed.
(c) Ensure that the register or record of electronic transfer shall state all of the following:
(1) The name and address of the seller or transferor of the firearm or the person loaning the firearm.
(2) Whether or not the person is a personal firearm importer.
(3) Any other information required by Article 2 (commencing with Section 28150) of Chapter 6.

SEC. 6.59.

 Section 28100 is added to the Penal Code, to read:

28100.
 (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Article 2 (commencing with Section 28150).
(b) This section shall not apply to any of the following transactions:
(1) The loan of an unloaded firearm by a dealer to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8, for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event.
(2) The delivery of an unloaded firearm by a dealer to a gunsmith for service or repair.
(3) Until July 1, 2012, the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555.
(4) The sale, delivery, or transfer of an unloaded firearm by a dealer who sells, delivers, or transfers the firearm to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.
(5) The sale, delivery, or transfer of an unloaded firearm by a dealer to a wholesaler if that firearm is being returned to the wholesaler and is intended as merchandise in the wholesaler’s business.
(6) The sale, delivery, or transfer of an unloaded firearm by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555, if the firearm is intended as merchandise in the receiving dealer’s business.
(7) Until July 1, 2012, the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to himself or herself.
(8) The loan of an unloaded firearm by a dealer who also operates a target facility which holds a business or regulatory license on the premises of the building designated in the license or whose building designated in the license is on the premises of any club or organization organized for the purpose of practicing shooting at targets upon established ranges, whether public or private, to a person at that target facility or club or organization, if the firearm is kept at all times within the premises of the target range or on the premises of the club or organization.
(9) The loan of an unloaded firearm by a dealer to a consultant-evaluator, if the loan does not exceed 45 days from the date of delivery of the firearm by the dealer to the consultant-evaluator.
(10) The return of an unloaded firearm to the owner of that firearm by a dealer, if the owner initially delivered the firearm to the dealer for service or repair.
(11) The sale, delivery, or transfer of an unloaded firearm by a dealer to a person licensed as an importer or manufacturer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto.
(c) A violation of this section is a misdemeanor.

SEC. 6.60.

 Section 28160 is added to the Penal Code, to read:

28160.
 (a) Until July 1, 2012, for handguns, and thereafter for all firearms, the register or record of electronic transfer shall include all of the following information:
(1) The date and time of sale.
(2) The make of firearm.
(3) Peace officer exemption status pursuant to the provisions listed in subdivision (c) of Section 16585, and the agency name.
(4) Auction or event waiting period exemption pursuant to Sections 26955 and 27655.
(5) Dealer waiting period exemption pursuant to Sections 26960 and 27660.
(6) Dangerous weapons permitholder waiting period exemption pursuant to Sections 26965 and 27665.
(7) Curio and relic waiting period exemption pursuant to Sections 26970 and 27670.
(8) California Firearms Dealer number issued pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(9) For transactions occurring prior to January 1, 2003, the purchaser’s basic firearms safety certificate number issued pursuant to former Sections 12805 and 12809, as those sections read at any time from when they became operative on January 1, 1992, to when they were repealed on January 1, 2003.
(10) For transactions occurring on or after January 1, 2003, the purchaser’s handgun safety certificate number issued pursuant to Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of this title, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article read at any time from when it became operative on January 1, 2003, to when it was repealed by the Deadly Weapons Recodification Act of 2010.
(11) Manufacturer’s name if stamped on the firearm.
(12) Model name or number, if stamped on the firearm.
(13) Serial number, if applicable.
(14) Other number, if more than one serial number is stamped on the firearm.
(15) Any identification number or mark assigned to the firearm pursuant to Section 23910, provided however, that if the firearm is not a handgun and does not have a serial number, identification number, or mark assigned to it, a notation as to that fact.
(16) Caliber.
(17) Type of firearm.
(18) If the firearm is new or used.
(19) Barrel length.
(20) Color of the firearm.
(21) Full name of purchaser.
(22) Purchaser’s complete date of birth.
(23) Purchaser’s local address.
(24) If current address is temporary, complete permanent address of purchaser.
(25) Identification of purchaser.
(26) Purchaser’s place of birth (state or country).
(27) Purchaser’s complete telephone number.
(28) Purchaser’s occupation.
(29) Purchaser’s sex.
(30) Purchaser’s physical description.
(31) All legal names and aliases ever used by the purchaser.
(32) Yes or no answer to questions that prohibit purchase, including, but not limited to, conviction of a felony as described in Chapter 2 (commencing with Section 29800) or an offense described in Chapter 3 (commencing with Section 29900) of Division 9 of this title, the purchaser’s status as a person described in Section 8100 of the Welfare and Institutions Code, whether the purchaser is a person who has been adjudicated by a court to be a danger to others or found not guilty by reason of insanity, and whether the purchaser is a person who has been found incompetent to stand trial or placed under conservatorship by a court pursuant to Section 8103 of the Welfare and Institutions Code.
(33) Signature of purchaser.
(34) Signature of salesperson, as a witness to the purchaser’s signature.
(35) Salesperson’s certificate of eligibility number, if the salesperson has obtained a certificate of eligibility.
(36) Name and complete address of the dealer or firm selling the firearm as shown on the dealer’s license.
(37) The establishment number, if assigned.
(38) The dealer’s complete business telephone number.
(39) Any information required by Chapter 5 (commencing with Section 28050).
(40) Any information required to determine whether subdivision (f) of Section 27540 applies.
(41) A statement of the penalties for signing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register.
(b) The purchaser shall provide the purchaser’s right thumbprint on the register in a manner prescribed by the department. No exception to this requirement shall be permitted except by regulations adopted by the department.
(c) The firearms dealer shall record on the register or record of electronic transfer the date that the firearm is delivered.

SEC. 6.61.

 Section 28165 is added to the Penal Code, to read:

28165.
 (a) For firearms other than handguns, the register or record of electronic transfer shall include all of the following information:
(1) The date and time of sale.
(2) Peace officer exemption status pursuant to the provisions listed in subdivision (c) of Section 16585, and the agency name.
(3) Dangerous weapons permitholder waiting period exemption pursuant to Sections 26965 and 27665.
(4) Curio and relic waiting period exemption pursuant to Sections 26970 and 27670.
(5) Auction or event waiting period exemption pursuant to Sections 26955 and 27655.
(6) California Firearms Dealer number issued pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(7) Full name of purchaser.
(8) Purchaser’s complete date of birth.
(9) Purchaser’s local address.
(10) If current address is temporary, complete permanent address of purchaser.
(11) Identification of purchaser.
(12) Purchaser’s place of birth (state or country).
(13) Purchaser’s complete telephone number.
(14) Purchaser’s occupation.
(15) Purchaser’s sex.
(16) Purchaser’s physical description.
(17) All legal names and aliases ever used by the purchaser.
(18) Yes or no answer to questions that prohibit purchase, including, but not limited to, conviction of a felony as described in Chapter 2 (commencing with Section 29800) or an offense described in Chapter 3 (commencing with Section 29900) of Division 9 of this title, the purchaser’s status as a person described in Section 8100 of the Welfare and Institutions Code, whether the purchaser is a person who has been adjudicated by a court to be a danger to others or found not guilty by reason of insanity, whether the purchaser is a person who has been found incompetent to stand trial or placed under conservatorship by a court pursuant to Section 8103 of the Welfare and Institutions Code.
(19) Signature of purchaser.
(20) Signature of salesperson, as a witness to the purchaser’s signature.
(21) Salesperson’s certificate of eligibility number, if the salesperson has obtained a certificate of eligibility.
(22) Name and complete address of the dealer or firm selling the firearm as shown on the dealer’s license.
(23) The establishment number, if assigned.
(24) The dealer’s complete business telephone number.
(25) Any information required by Chapter 5 (commencing with Section 28050).
(26) A statement of the penalties for any person signing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register.
(b) The purchaser shall provide the purchaser’s right thumbprint on the register in a manner prescribed by the department. No exception to this requirement shall be permitted except by regulations adopted by the department.
(c) The firearms dealer shall record on the register or record of electronic transfer the date that the firearm is delivered.
(d) This subdivision shall become inoperative on July 1, 2012.

SEC. 6.62.

 Section 28170 is added to the Penal Code, to read:

28170.
 Where the register is used, the following shall apply:
(a) Dealers shall use ink to complete each document.
(b) The dealer or salesperson making a sale shall ensure that all information is provided legibly. The dealer and salespersons shall be informed that incomplete or illegible information will delay sales.
(c) Each dealer shall be provided instructions regarding the procedure for completion of the form and routing of the form. Dealers shall comply with these instructions, which shall include the information set forth in this section.
(d) One firearm transaction shall be reported on each record of sale document.

SEC. 6.63.

 Section 28180 is added to the Penal Code, to read:

28180.
 (a) The purchaser’s name, date of birth, and driver’s license or identification number shall be obtained electronically from the magnetic strip on the purchaser’s driver’s license or identification and shall not be supplied by any other means, except as authorized by the department.
(b) The requirement of subdivision (a) shall not apply in either of the following cases:
(1) The purchaser’s identification consists of a military identification card.
(2) Due to technical limitations, the magnetic stripe reader is unable to obtain the required information from the purchaser’s identification. In those circumstances, the firearms dealer shall obtain a photocopy of the identification as proof of compliance.
(c) In the event that the dealer has reported to the department that the dealer’s equipment has failed, information pursuant to this section shall be obtained by an alternative method to be determined by the department.

SEC. 6.64.

 Section 28180 is added to the Penal Code, to read:

28180.
 (a) Effective January 1, 2003, the purchaser’s name, date of birth, and driver’s license or identification number shall be obtained electronically from the magnetic strip on the purchaser’s driver’s license or identification and shall not be supplied by any other means, except as authorized by the department.
(b) The requirement of subdivision (a) shall not apply in either of the following cases:
(1) The purchaser’s identification consists of a military identification card.
(2) Due to technical limitations, the magnetic strip reader is unable to obtain the required information from the purchaser’s identification. In those circumstances, the firearms dealer shall obtain a photocopy of the identification as proof of compliance.
(c) In the event that the dealer has reported to the department that the dealer’s equipment has failed, information pursuant to this section shall be obtained by an alternative method to be determined by the department.

SEC. 6.65.

 Section 28180 is added to the Penal Code, to read:

28180.
 (a) The purchaser’s name, date of birth, and driver’s license or identification number shall be obtained electronically from the magnetic strip on the purchaser’s driver’s license or identification and shall not be supplied by any other means, except as authorized by the department.
(b) The requirement of subdivision (a) shall not apply in either of the following cases:
(1) The purchaser’s identification consists of a military identification card.
(2) Due to technical limitations, the magnetic strip reader is unable to obtain the required information from the purchaser’s identification. In those circumstances, the firearms dealer shall obtain a photocopy of the identification as proof of compliance.
(c) In the event that the dealer has reported to the department that the dealer’s equipment has failed, information pursuant to this section shall be obtained by an alternative method to be determined by the department.

SEC. 6.66.

 Section 28185 is added to the Penal Code, to read:

28185.
 (a) No dealer shall provide the information required by this article to any third party, or use the information for any purpose other than as required or authorized by statute or regulation, without the written consent of the purchaser or transferee.
(b) This section shall not apply to the electronic submission of information to the department as required by this article and Article 3 (commencing with Section 28200), through a third party authorized by the department.

SEC. 6.67.

 Section 28190 is added to the Penal Code, to read:

28190.
 Any records generated pursuant to this article by a person licensed pursuant to Sections 26700 to 26915, inclusive, that are no longer required to be maintained by that licensee, if destroyed, shall be destroyed in accordance with Section 1798.31 of the Civil Code.

SEC. 6.68.

 Section 28210 is added to the Penal Code, to read:

28210.
 (a) (1) Where the register is used, the purchaser of any firearm shall be required to present to the dealer clear evidence of the person’s identity and age.
(2) The dealer shall require the purchaser to sign the purchaser’s current legal name and affix the purchaser’s residence address and date of birth to the register in quadruplicate.
(3) The salesperson shall sign the register in quadruplicate, as a witness to the signature and identification of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register shall be punished as provided in Section 28250.
(c) (1) The original of the register shall be retained by the dealer in consecutive order.
(2) Each book of 50 originals shall become the permanent register of transactions, which shall be retained for not less than three years from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent register of transactions shall be available for inspection by any peace officer, Department of Justice employee designated by the Attorney General, or agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Until July 1, 2012, no information shall be compiled therefrom regarding the purchasers or other transferees of firearms that are not handguns.
(d) On the date of the application to purchase, two copies of the original sheet of the register shall be placed in the mail, postage prepaid, and properly addressed to the Department of Justice.
(e) If requested, a photocopy of the original shall be provided to the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a photocopy of the original shall be provided to the seller or purchaser by the dealer, upon request. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy.

SEC. 6.69.

 Section 28215 is added to the Penal Code, to read:

28215.
 (a) (1) Where the electronic or telephonic transfer of applicant information is used, the purchaser shall be required to present to the dealer clear evidence of the person’s identity and age.
(2) The dealer shall require the purchaser to sign the purchaser’s current legal name to the record of electronic or telephonic transfer.
(3) The salesperson shall sign the record of electronic or telephonic transfer, as a witness to the signature and identification of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the electronic or telephonic transfer shall be punished as provided in Section 28250.
(c) (1) The original of each record of electronic or telephonic transfer shall be retained by the dealer in consecutive order.
(2) Each original shall become the permanent record of the transaction, which shall be retained for not less than three years from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent record of the transaction shall be provided for inspection by any peace officer, Department of Justice employee designated by the Attorney General, or agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Until July 1, 2012, no information shall be compiled therefrom regarding the purchasers or other transferees of firearms that are not handguns.
(d) On the date of the application to purchase, the record of applicant information shall be transmitted to the Department of Justice by electronic or telephonic transfer.
(e) If requested, a copy of the record of electronic or telephonic transfer shall be provided to the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a copy shall be provided to the seller or purchaser by the dealer, upon request. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy.

SEC. 6.70.

 Section 28220 is added to the Penal Code, to read:

28220.
 (a) Upon submission of firearm purchaser information, the Department of Justice shall examine its records, as well as those records that it is authorized to request from the State Department of Mental Health pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(b) To the extent that funding is available, the Department of Justice may participate in the National Instant Criminal Background Check System (NICS), as described in subsection (t) of Section 922 of Title 18 of the United States Code, and, if that participation is implemented, shall notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, that the purchaser is a person prohibited from acquiring a firearm under federal law.
(c) If the department determines that the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or is a person described in subdivision (a) of Section 27535, it shall immediately notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that fact.
(d) If the department determines that the copies of the register submitted to it pursuant to subdivision (d) of Section 28210 contain any blank spaces or inaccurate, illegible, or incomplete information, preventing identification of the purchaser or the handgun or other firearm to be purchased, or if any fee required pursuant to Section 28225 is not submitted by the dealer in conjunction with submission of copies of the register, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall submit corrected copies of the register to the department, or shall submit any fee required pursuant to Section 28225, or both, as appropriate and, if notification by the department is received by the dealer at any time prior to delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Sections 26815 and 27540.
(e) If the department determines that the information transmitted to it pursuant to Section 28215 contains inaccurate or incomplete information preventing identification of the purchaser or the firearm to be purchased, or if the fee required pursuant to Section 28225 is not transmitted by the dealer in conjunction with transmission of the electronic or telephonic record, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall transmit corrections to the record of electronic or telephonic transfer to the department, or shall transmit any fee required pursuant to Section 28225, or both, as appropriate, and if notification by the department is received by the dealer at any time prior to delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Sections 26815 and 27540.

SEC. 6.71.

 Section 28240 is added to the Penal Code, to read:

28240.
 (a) Until July 1, 2012, only one fee shall be charged pursuant to this article 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.
(b) In a single transaction on the same date for the delivery of any number of firearms that are handguns, and commencing July 1, 2012, for any firearm, the department shall charge a reduced fee pursuant to this article for the second and subsequent firearms that are part of that transaction.
(c) Only one fee shall be charged pursuant to this article for a single transaction on the same date for taking title or possession of any number of firearms pursuant to Section 26905, 27870, 27875, 27915, 27920, or 27925.

SEC. 6.72.

 Section 28245 is added to the Penal Code, to read:

28245.
 Whenever the Department of Justice acts pursuant to this article as it pertains to firearms other than handguns, the department’s acts or omissions shall be deemed to be discretionary within the meaning of the California Tort Claims Act pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.

SEC. 6.73.

 Section 28400 is added to the Penal Code, to read:

28400.
 (a) Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.74.

 Section 28410 is added to the Penal Code, to read:

28410.
 (a) Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.75.

 Section 28415 is added to the Penal Code, to read:

28415.
 (a) Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.76.

 Section 29805 is added to the Penal Code, to read:

29805.
 Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

SEC. 6.77.

 Section 29825 is added to the Penal Code, to read:

29825.
 (a) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) Every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) If probation is granted upon conviction of a violation of this section, the court shall impose probation consistent with Section 1203.097.
(d) The Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state on its face the expiration date for relinquishment.

SEC. 6.78.

 Section 30105 is added to the Penal Code, to read:

30105.
 (a) An individual may request that the Department of Justice perform a firearms eligibility check for that individual. The applicant requesting the eligibility check shall provide the personal information required by Section 28160 or 28165, as applicable, but not information regarding any firearm, to the department, in an application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for performing the eligibility check authorized by this section, but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged may increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursuant to subdivision (a) shall complete the application, have it notarized by any licensed California Notary Public, and submit it by mail to the department.
(d) Upon receipt of a notarized application and fee, the department shall do all of the following:
(1) Examine its records, and the records it is authorized to request from the State Department of Mental Health pursuant to Section 8104 of the Welfare and Institutions Code, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) Notify the applicant by mail of its determination of whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department’s notification shall state either “eligible to possess firearms as of the date the check was completed” or “ineligible to possess firearms as of the date the check was completed.”
(e) If the department determines that the information submitted to it in the application contains any blank spaces, or inaccurate, illegible, or incomplete information, preventing identification of the applicant, or if the required fee is not submitted, the department shall not be required to perform the firearms eligibility check.
(f) The department shall make applications to conduct a firearms eligibility check as described in this section available to licensed firearms dealers and on the department’s Web site.
(g) The department shall be immune from any liability arising out of the performance of the firearms eligibility check, or any reliance upon the firearms eligibility check.
(h) No person or agency may require or request another person to obtain a firearms eligibility check or notification of a firearms eligibility check pursuant to this section. A violation of this subdivision is a misdemeanor.
(i) The department shall include on the application specified in subdivision (a) and the notification of eligibility specified in subdivision (d) the following statements:
“No person or agency may require or request another person to obtain a firearms eligibility check or notification of firearms eligibility check pursuant to Section 30105 of the Penal Code. A violation of these provisions is a misdemeanor.”
“If the applicant for a firearms eligibility check purchases, transfers, or receives a firearm through a licensed dealer as required by law, a waiting period and background check are both required.”

SEC. 6.79.

 Section 30150 is added to the Penal Code, to read:

30150.
 (a) Section 30105 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.80.

 Section 30160 is added to the Penal Code, to read:

30160.
 (a) Section 30105 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.81.

 Section 30165 is added to the Penal Code, to read:

30165.
 (a) Section 30105 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.82.

 Section 30312 is added to the Penal Code, to read:

30312.
 (a) Commencing February 1, 2011, the delivery or transfer of ownership of handgun ammunition in this state may only occur in a face-to-face transaction with the deliverer or transferor being provided bona fide evidence of identity from the purchaser or other transferee, provided, however, that handgun ammunition may be purchased over the Internet or through other means of remote ordering if a handgun ammunition vendor in California initially receives the ammunition and processes the transfer in compliance with this section and Article 3 (commencing with Section 30345).
(b) Subdivision (a) shall not apply to or affect the sale, delivery, or transfer of handgun ammunition to any of the following:
(1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of the officer’s duties.
(3) An importer or manufacturer of handgun ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) A person who is on the centralized list maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title.
(5) A person who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(6) A handgun ammunition vendor.
(7) A consultant-evaluator.
(c) A violation of this section is a misdemeanor.

SEC. 6.83.

 Section 30346 is added to the Penal Code, to read:

30346.
 (a) Commencing February 1, 2011, a vendor shall provide written notice to the local police chief, or if the vendor is in an unincorporated area, to the county sheriff, of the vendor’s intent to conduct business in the jurisdiction, and shall obtain any regulatory or business license required by the jurisdiction for ammunition sellers.
(b) Copies of the ammunition sales records required by this article shall be transmitted to the county sheriff or chief of police if required by local law.

SEC. 6.84.

 Section 30352 is added to the Penal Code, to read:

30352.
 (a) Commencing February 1, 2011, a vendor shall not sell or otherwise transfer ownership of any handgun ammunition without, at the time of delivery, legibly or electronically recording the following information:
(1) The date of the sale or other transaction.
(2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise transferred.
(4) The purchaser’s or transferee’s signature.
(5) The name of the salesperson who processed the sale or other transaction.
(6) The right thumbprint of the purchaser or transferee on the above form.
(7) The purchaser’s or transferee’s full residential address and telephone number.
(8) The purchaser’s or transferee’s date of birth.
(b) Subdivision (a) shall not apply to or affect sales or other transfers of ownership of handgun ammunition by handgun ammunition vendors to any of the following, if properly identified:
(1) A person licensed pursuant to Sections 26700 to 26915, inclusive.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer of firearms licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.
(8) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that individual is employed.

SEC. 6.85.

 Section 30355 is added to the Penal Code, to read:

30355.
 (a) Commencing February 1, 2011, the records required by this article shall be maintained on the premises of the vendor for a period of not less than five years from the date of the recorded transfer.
(b) Any records required by this article that are no longer required to be maintained shall be destroyed in a manner that protects the privacy of the purchaser or transferee who is the subject of the record.

SEC. 6.86.

 Section 30355 is added to the Penal Code, to read:

30355.
 (a) Commencing February 1, 2011, the records required by this article shall be maintained on the premises of the vendor for a period of not less than five years from the date of the recorded transfer.
(b) Any records required by this article that are no longer required to be maintained shall be destroyed in a manner that protects the privacy of the purchaser or transferee who is the subject of the record.
(c) Any records generated pursuant to this article that are no longer required to be maintained shall be destroyed in accordance with Section 1798.81 of the Civil Code.

SEC. 6.87.

 Section 30357 is added to the Penal Code, to read:

30357.
 (a) Commencing February 1, 2011, the records referred to in Section 30352 shall be subject to inspection at any time during normal business hours by any peace officer employed by a sheriff, city police department, or district attorney as provided in subdivision (a) of Section 830.1, or employed by the department as provided in subdivision (b) of Section 830.1, provided that the officer is conducting an investigation where access to those records is or may be relevant, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law, as defined in Section 23500, or any other laws pertaining to firearms or ammunition.
(b) The records referred to in Section 30352 shall also be subject to inspection at any time during normal business hours by any other employee of the department, provided that the employee is conducting an investigation where access to those records is or may be relevant, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law, as defined in Section 23500, or any other laws pertaining to firearms or ammunition.
(c) Records may be copied for investigatory or enforcement purposes by any person authorized to inspect those records pursuant to this article.

SEC. 6.88.

 Section 30358 is added to the Penal Code, to read:

30358.
 Commencing February 1, 2011, except for the purposes set forth in Section 30357, no vendor shall provide the information specified in subdivision (a) of Section 30352 to any third party without the written consent of the purchaser or transferee.

SEC. 6.89.

 Section 30358 is added to the Penal Code, to read:

30358.
 Commencing February 1, 2011, except for the purposes set forth in Section 30357, no vendor shall provide the information specified in subdivision (a) of Section 30352 to any third party, or use the information for any purpose other than as is required or authorized by statute or regulation, without the written consent of the purchaser or transferee of the handgun ammunition who is the subject of the record.

SEC. 6.895.

 Section 30365 is added to the Penal Code, to read:

30365.
 (a) A violation of Section 30352, 30355, 30358, 30360, or 30362 is a misdemeanor.
(b) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.

SEC. 6.90.

 Section 31705 is added to the Penal Code, to read:

31705.
 (a) Subdivision (a) of Section 31615 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.91.

 Section 31715 is added to the Penal Code, to read:

31715.
 (a) Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.92.

 Section 31720 is added to the Penal Code, to read:

31720.
 (a) Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2102, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.93.

 Section 31735 is added to the Penal Code, to read:

31735.
 Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to delivery.
(c) The firearm is not of a type prohibited from being sold, delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a written statement to the person selling, loaning, or transferring the firearm stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615.
(e) If title to a handgun, and commencing July 1, 2012, any firearm, is being transferred to the public or private nonprofit historical society, museum, or institutional collection, then the designated representative of that entity shall, within 30 days of taking possession of that firearm, forward by prepaid mail or deliver in person to the Department of Justice, a single report signed by both parties to the transaction, which includes all of the following information:
(1) Information identifying the person representing the public or private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision (d).
(f) The report forms that are to be completed pursuant to this section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days.

SEC. 6.94.

 Section 31775 is added to the Penal Code, to read:

31775.
 Until July 1, 2012, subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following conditions are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555.

SEC. 6.95.

 Section 31795 is added to the Penal Code, to read:

31795.
 Until July 1, 2012, subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to himself or herself.

SEC. 6.96.

 Section 33850 is added to the Penal Code, to read:

33850.
 (a) Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. The application shall include the following:
(1) The applicant’s name, date and place of birth, gender, telephone number, and complete address.
(2) Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicant’s country of citizenship and the applicant’s alien registration or I-94 number.
(3) If the firearm is a handgun, and commencing July 1, 2012, for any firearm, the firearm’s make, model, caliber, barrel length, handgun type, country of origin, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, a place on the application to note that fact.
(4) For residents of California, the applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicant’s military identification with orders indicating that the individual is stationed in California, or a copy of the applicant’s valid driver’s license from the applicant’s state of residence, or a copy of the applicant’s state identification card from the applicant’s state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5) The name of the court or law enforcement agency holding the firearm.
(6) The signature of the applicant and the date of signature.
(7) Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b) A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer.
(c) Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.

SEC. 6.97.

 Section 33860 is added to the Penal Code, to read:

33860.
 (a) The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its costs for processing firearm clearance determinations submitted pursuant to this chapter.
(b) The fees collected pursuant to subdivision (a) shall be deposited into the Dealers’ Record of Sale Special Account.
(c) The department may increase the fee by using the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations to determine an annual rate of increase. Any fee increase shall be rounded to the nearest dollar.

SEC. 6.98.

 Section 33865 is added to the Penal Code, to read:

33865.
 (a) When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm.
(b) The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department to inquire about the reason for a delay.
(c) If the department determines that the applicant is eligible to possess the firearm, the department shall provide the applicant with written notification that includes the following:
(1) The identity of the applicant.
(2) A statement that the applicant is eligible to possess a firearm.
(3) A description of the firearm by make, model, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, a place on the application to note that fact.
(d) If the firearm is a handgun, and commencing July 1, 2012, for any firearm, the department shall enter a record of the firearm into the Automated Firearms System, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, the department shall note that fact.
(e) If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer. The applicant may contact the department to inquire about the reason for the denial.

SEC. 6.99.

 Section 33880 is added to the Penal Code, to read:

33880.
 (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm.
(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm was reported stolen at the time the firearm came into the custody or control of the law enforcement agency.
(d) The following apply to any charges imposed for administrative costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title to the firearm.
(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a firearm, unless that hearing or appeal was requested in writing by the legal owner of the firearm. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e) No costs for any hearing or appeal related to the release of a firearm shall be charged to the legal owner who redeems the firearm, unless the legal owner voluntarily requests the poststorage hearing or appeal. No city, county, city and county, or state agency shall require a legal owner to request a poststorage hearing as a requirement for release of the firearm to the legal owner.

SEC. 6.100.

 Section 33890 is added to the Penal Code, to read:

33890.
 (a) Notwithstanding Section 11106, the Department of Justice may retain personal information about an applicant in connection with a claim under this chapter for a firearm that is not a handgun, to allow for law enforcement confirmation of compliance with this chapter. The information retained may include personal identifying information regarding the individual applying for the clearance, but may not include information that identifies any particular firearm that is not a handgun.
(b) This section shall become inoperative on July 1, 2012.

SEC. 6.101.

 Section 34355 is added to the Penal Code, to read:

34355.
 (a) Section 34350 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing July 1, 2012, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.102.

 Section 34365 is added to the Penal Code, to read:

34365.
 (a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.103.

 Section 34370 is added to the Penal Code, to read:

34370.
 (a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing July 1, 2012, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 7.
 The California Law Revision Commission is authorized to study and to make recommendations to the Legislature and the Governor regarding the minor clean-up issues identified in the report prepared by that commission pursuant to Resolution Chapter 128 of the Statutes of 2006.
SEC. 8.01.
 Section 6.01 of this bill adds Section 12021.5 to the Penal Code, and incorporates into that section amendments to Section 12021.5 of the Penal Code, as added by Section 8 of Chapter 171 of the Statutes of 2009, proposed by AB 2263. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2263 amends Section 12021.5 of the Penal Code, as added by Section 8 of Chapter 171 of the Statutes of 2009, (3) this bill repeals and adds Section 12021.5 of the Penal Code on January 1, 2012, and (4) this bill is enacted after AB 2263, in which case Section 12021.5 as proposed to be added by Section 5 of this bill shall not become operative.
SEC. 8.02.
 Section 6.02 of this bill adds Section 12022.2 to the Penal Code, and incorporates into that section amendments to Section 12022.2 of the Penal Code, as added by Section 10 of Chapter 171 of the Statutes of 2009, proposed by AB 2263. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2263 amends Section 12022.2 of the Penal Code, as added by Section 10 of Chapter 171 of the Statutes of 2009, (3) this bill repeals and adds Section 12022.2 of the Penal Code on January 1, 2012, and (4) this bill is enacted after AB 2263, in which case Section 12022.2 as proposed to be added by Section 5 of this bill shall not become operative.
SEC. 8.03.
 Section 6.03 of this bill adds Section 12022.4 to the Penal Code, and incorporates into that section amendments to Section 12022.4 of the Penal Code, as added by Section 12 of Chapter 171 of the Statutes of 2009, proposed by AB 2263. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2263 amends Section 12022.4 of the Penal Code, as added by Section 12 of Chapter 171 of the Statutes of 2009, (3) this bill repeals and adds Section 12022.4 of the Penal Code on January 1, 2012, and (4) this bill is enacted after AB 2263, in which case Section 12022.4 as proposed to be added by Section 5 of this bill shall not become operative.
SEC. 8.04.
 Section 6.04 of this bill adds Section 16520 to the Penal Code, and incorporates into that section amendments to subdivision (e) of Section 12001 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends subdivision (e) of Section 12001 of the Penal Code, (3) this bill adds Section 16520 to the Penal Code, and (4) this bill is enacted after AB 1934, in which case Section 16520 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.045.
 Section 6.045 of this bill adds Section 16650 to the Penal Code, and incorporates into that section amendments to Section 12323 of the Penal Code proposed by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 amends Section 12323 of the Penal Code, (3) this bill adds Section 16650 to the Penal Code, and (4) this bill is enacted after AB 2358, in which case Section 16650 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.05.
 Section 6.05 of this bill adds Section 16840 to the Penal Code, and adjusts a cross-reference in that section to reflect amendments to Section 12025 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends Section 12025 of the Penal Code to delete subdivision (b), (3) this bill adds Section 16840 to the Penal Code, and (4) this bill is enacted after AB 1934, in which case Section 16840 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.06.
 Section 6.06 of this bill adds Section 17000 to the Penal Code, and incorporates into that section amendments to subdivision (n) of Section 12001 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both AB 1934 and this bill are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends subdivision (n) of Section 12001 of the Penal Code, (3) this bill adds Section 17000 to the Penal Code, (4) AB 1810 is not enacted, does not become effective on or before January 1, 2011, or does not amend subdivision (n) of Section 12001 of the Penal Code, and (5) this bill is enacted after AB 1934, in which case Section 17000 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.07.
 Section 6.07 of this bill adds Section 17000 to the Penal Code, and incorporates into that section amendments to subdivision (n) of Section 12001 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both AB 1810 and this bill are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (n) of Section 12001 of the Penal Code, (3) this bill adds Section 17000 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 17000 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.08.
 Section 6.08 of this bill adds Section 17040 to the Penal Code, which would continue the substance of paragraph (3) of subdivision (f) of Section 12037 proposed to be added to the Penal Code by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 adds Section 12037 to the Penal Code and that section includes a definition of “public place,” and (3) this bill is enacted after AB 1934.
SEC. 8.09.
 Section 6.09 of this bill adds Section 17295 to the Penal Code, which would continue the substance of paragraph (1) of subdivision (f) of Section 12037 proposed to be added to the Penal Code by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 adds Section 12037 to the Penal Code and that section defines when a handgun is deemed unloaded, and (3) this bill is enacted after AB 1934.
SEC. 8.10.
 Section 6.10 of this bill adds Section 17510 to the Penal Code, and incorporates into that section amendments to Section 12590 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends Section 12590 of the Penal Code, (3) this bill adds Section 17510 to the Penal Code, and (4) this bill is enacted after AB 1934, in which case Section 17510 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.11.
 Section 6.11 of this bill adds Section 22295 to the Penal Code, and incorporates into that section amendments to Section 12002 of the Penal Code proposed by SB 1190. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) SB 1190 amends Section 12002 of the Penal Code, (3) this bill adds Section 22295 to the Penal Code, and (4) this bill is enacted after SB 1190, in which case Section 22295 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.12.
 Section 6.12 of this bill adds Section 25400 to the Penal Code, and incorporates into that section amendments to Section 12025 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends Section 12025 of the Penal Code, (3) this bill adds Section 25400 to the Penal Code, and (4) this bill is enacted after AB 1934, in which case Section 25400 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.13.
 Section 6.13 of this bill adds Section 25590 to the Penal Code, which would continue the substance of the new paragraph (20) that would be added to subdivision (a) of Section 12026.2 of the Penal Code by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 adds a new paragraph (20) to subdivision (a) of Section 12026.2 of the Penal Code, and (3) this bill is enacted after AB 1934.
SEC. 8.14.
 Section 6.14 of this bill adds Section 25595 to the Penal Code, and incorporates into that section amendments to Section 12026.2 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends Section 12026.2 of the Penal Code, (3) this bill adds Section 25595 to the Penal Code, and (4) this bill is enacted after AB 1934, in which case Section 25595 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.15.
 Section 6.15 of this bill adds Section 25605 to the Penal Code, and incorporates into that section amendments to Section 12026 of the Penal Code proposed by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 amends Section 12026 of the Penal Code, (3) this bill adds Section 25605 to the Penal Code, and (4) this bill is enacted after AB 1934, in which case Section 25605 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.16.
 Section 6.16 of this bill adds Chapter 6 (commencing with Section 26350) of Division 5 of Title 4 of Part 6 to the Penal Code, which would continue the substance of subdivisions (a), (b), (c), (d), (e), (g), and (h) of Section 12037 proposed to be added to the Penal Code by AB 1934. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1934 adds Section 12037 to the Penal Code, and (3) this bill is enacted after AB 1934.
SEC. 8.17.
 Section 6.17 of this bill adds Section 26600 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph 2 of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 26600 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26600 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.18.
 Section 6.18 of this bill adds Section 26610 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 26610 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26610 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.19.
 Section 6.19 of this bill adds Section 26615 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 26615 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26615 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.20.
 Section 6.20 of this bill adds Section 26805 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26805 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26805 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.21.
 Section 6.21 of this bill adds Section 26820 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26820 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26820 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.22.
 Section 6.22 of this bill adds Section 26840 to the Penal Code, and incorporates into that section amendments to subparagraph (B) of paragraph (8) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subparagraph (B) of paragraph (8) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26840 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26840 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.23.
 Section 6.23 of this bill adds Section 26845 to the Penal Code, and incorporates into that section amendments to subparagraph (C) of paragraph (8) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subparagraph (C) of paragraph (8) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26845 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26845 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.24.
 Section 6.24 of this bill adds Section 26850 to the Penal Code, and incorporates into that section amendments to subparagraph (D) of paragraph (8) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subparagraph (D) of paragraph (8) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26850 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26850 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.25.
 Section 6.25 of this bill adds Section 26865 to the Penal Code, and incorporates into that section amendments to paragraph (9) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (9) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26865 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26865 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.26.
 Section 6.26 of this bill adds Section 26890 to the Penal Code, and incorporates into that section amendments to subdivision (h) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (h) of Section 12071 of the Penal Code, (3) this bill adds Section 26890 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26890 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.27.
 Section 6.27 of this bill adds Section 26905 to the Penal Code, and incorporates into that section amendments to paragraph (18) of subdivision (b) of Section 12071 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (18) of subdivision (b) of Section 12071 of the Penal Code, (3) this bill adds Section 26905 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26905 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.28.
 Section 6.28 of this bill adds Section 26955 to the Penal Code, and incorporates into that section amendments to subdivision (g) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (g) of Section 12078 of the Penal Code, (3) this bill adds Section 26955 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26955 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.29.
 Section 6.29 of this bill adds Section 26960 to the Penal Code, and incorporates into that section amendments to subdivision (n) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (n) of Section 12078 of the Penal Code, (3) this bill adds Section 26960 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26960 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.30.
 Section 6.30 of this bill adds Section 26965 to the Penal Code, and incorporates into that section amendments to subdivision (r) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (r) of Section 12078 of the Penal Code, (3) this bill adds Section 26965 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 26965 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.31.
 Section 6.31 of this bill adds Section 27050 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27050 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27050 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.32.
 Section 6.32 of this bill adds Section 27060 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27060 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27060 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.33.
 Section 6.33 of this bill adds Section 27065 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27065 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27065 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.34.
 Section 6.34 of this bill adds Section 27110 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (k) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (k) of Section 12078 of the Penal Code, (3) this bill adds Section 27110 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27110 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.35.
 Section 6.35 of this bill adds Section 27130 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (k) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (k) of Section 12078 of the Penal Code, (3) this bill adds Section 27130 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27130 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.36.
 Section 6.36 of this bill adds Section 27400 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27400 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27400 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.37.
 Section 6.37 of this bill adds Section 27410 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27410 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27410 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.38.
 Section 6.38 of this bill adds Section 27415 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27415 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27415 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.39.
 Section 6.39 of this bill adds Section 27540 to the Penal Code, and incorporates into that section amendments to subdivision (c) of Section 12072 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (c) of Section 12072 of the Penal Code, (3) this bill adds Section 27540 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27540 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.40.
 Section 6.40 of this bill adds Section 27560 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (f) of Section 12072 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (f) of Section 12072 of the Penal Code, (3) this bill adds Section 27560 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27560 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.41.
 Section 6.41 of this bill adds Section 27565 to the Penal Code, and incorporates into that section amendments to paragraph (3) of subdivision (f) of Section 12072 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (3) of subdivision (f) of Section 12072 of the Penal Code, (3) this bill adds Section 27565 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27565 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.42.
 Section 6.42 of this bill adds Section 27590 to the Penal Code, and incorporates into that section amendments to subdivision (g) of Section 12072 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (g) of Section 12072 of the Penal Code, (3) this bill adds Section 27590 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27590 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.43.
 Section 6.43 of this bill adds Section 27600 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27600 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27600 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.44.
 Section 6.44 of this bill adds Section 27610 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27610 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27610 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.45.
 Section 6.45 of this bill adds Section 27615 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27615 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27615 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.46.
 Section 6.46 of this bill adds Section 27655 to the Penal Code, and incorporates into that section amendments to subdivision (g) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (g) of Section 12078 of the Penal Code, (3) this bill adds Section 27655 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27655 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.47.
 Section 6.47 of this bill adds Section 27660 to the Penal Code, and incorporates into that section amendments to subdivision (n) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (n) of Section 12078 of the Penal Code, (3) this bill adds Section 27660 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27660 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.48.
 Section 6.48 of this bill adds Section 27665 to the Penal Code, and incorporates into that section amendments to subdivision (r) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (r) of Section 12078 of the Penal Code, (3) this bill adds Section 27665 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27665 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.49.
 Section 6.49 of this bill adds Section 27710 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (k) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (k) of Section 12078 of the Penal Code, (3) this bill adds Section 27710 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27710 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.50.
 Section 6.50 of this bill adds Section 27730 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (k) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (k) of Section 12078 of the Penal Code, (3) this bill adds Section 27730 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27730 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.51.
 Section 6.51 of this bill adds Section 27860 to the Penal Code, and incorporates into that section amendments to paragraph (8) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (8) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 27860 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27860 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.52.
 Section 6.52 of this bill adds Section 27870 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (c) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (c) of Section 12078 of the Penal Code, (3) this bill adds Section 27870 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27870 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.53.
 Section 6.53 of this bill adds Section 27875 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (c) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (c) of Section 12078 of the Penal Code, (3) this bill adds Section 27875 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27875 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.54.
 Section 6.54 of this bill adds Section 27880 to the Penal Code, and incorporates into that section amendments to subdivision (d) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (d) of Section 12078 of the Penal Code, (3) this bill adds Section 27880 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27880 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.55.
 Section 6.55 of this bill adds Section 27915 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (i) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (i) of Section 12078 of the Penal Code, (3) this bill adds Section 27915 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27915 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.56.
 Section 6.56 of this bill adds Section 27920 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (i) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (i) of Section 12078 of the Penal Code, (3) this bill adds Section 27920 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 27920 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.57.
 Section 6.57 of this bill adds Section 28000 to the Penal Code, and incorporates into that section amendments to subdivision (l) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (l) of Section 12078 of the Penal Code, (3) this bill adds Section 28000 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28000 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.58.
 Section 6.58 of this bill adds Section 28060 to the Penal Code, and incorporates into that section amendments to subdivision (b) of Section 12082 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (b) of Section 12082 of the Penal Code, (3) this bill adds Section 28060 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28060 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.59.
 Section 6.59 of this bill adds Section 28100 to the Penal Code, and incorporates into that section amendments to Section 12073 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends Section 12073 of the Penal Code, (3) this bill adds Section 28100 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28100 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.60.
 Section 6.60 of this bill adds Section 28160 to the Penal Code, and incorporates into that section amendments to subdivision (b) of Section 12077 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (b) of Section 12077 of the Penal Code, (3) this bill adds Section 28160 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28160 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.61.
 Section 6.61 of this bill adds Section 28165 to the Penal Code, and incorporates into that section amendments to subdivision (c) of Section 12077 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (c) of Section 12077 of the Penal Code, (3) this bill adds Section 28165 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28165 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.62.
 Section 6.62 of this bill adds Section 28170 to the Penal Code, and incorporates into that section amendments to subdivision (d) of Section 12077 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (d) of Section 12077 of the Penal Code, (3) this bill adds Section 28170 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28170 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.63.
 Section 6.63 of this bill adds Section 28180 to the Penal Code, and incorporates into that section amendments to subdivision (f) of Section 12077 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both AB 1810 and this bill are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (f) of Section 12077 of the Penal Code, (3) this bill adds Section 28180 to the Penal Code, (4) SB 282 or AB 2358 is not enacted, and (5) this bill is enacted after AB 1810, in which case Section 28180 as proposed to be added by Sections 6, 6.64, and 6.65 of this bill shall not become operative.
SEC. 8.64.
 Section 6.64 of this bill adds Section 28180 to the Penal Code, and incorporates into that section amendments to subdivision (f) of Section 12077 of the Penal Code proposed by SB 282, which is contingent on enactment of AB 2358. It shall only become operative if (1) SB 282, AB 2358, and this bill are enacted and become effective on or before January 1, 2011, (2) SB 282 amends subdivision (f) of Section 12077 of the Penal Code, (3) this bill adds Section 28180 to the Penal Code, (4) AB 1810 is not enacted, and (5) this bill is enacted after SB 282, in which case Section 28180 as proposed to be added by Sections 6, 6.63, and 6.65 of this bill shall not become operative.
SEC. 8.65.
 Section 6.65 of this bill adds Section 28180 to the Penal Code, and incorporates into that section amendments to subdivision (f) of Section 12077 of the Penal Code proposed by AB 1810 and SB 282, which is contingent on enactment of AB 2358. It shall only become operative if (1) AB 1810, SB 282, AB 2358, and this bill are all enacted and become effective on or before January 1, 2011, (2) AB 1810 and SB 282 amend subdivision (f) of Section 12077 of the Penal Code, (3) this bill adds Section 28180 to the Penal Code, and (4) this bill is enacted after AB 1810 and SB 282, in which case Section 28180 as proposed to be added by Sections 6, 6.63, and 6.64 of this bill shall not become operative.
SEC. 8.66.
 Section 6.66 of this bill adds Section 28185 to the Penal Code, which would continue the substance of subdivision (g) Section 12077 of the Penal Code as proposed by SB 282, which is contingent on enactment of AB 2358. It shall only become operative if (1) AB 2358, SB 282, and this bill are enacted and become effective on or before January 1, 2011, (2) SB 282 amends subdivision (g) of Section 12077 of the Penal Code, and (3) this bill is enacted after SB 282.
SEC. 8.67.
 Section 6.67 of this bill adds Section 28190 to the Penal Code, which would continue the substance of subdivision (h) proposed to be added to Section 12077 of the Penal Code by SB 282, which is contingent on enactment of AB 2358. It shall only become operative if (1) AB 2358, SB 282, and this bill are enacted and become effective on or before January 1, 2011, (2) SB 282 adds subdivision (h) to Section 12077 of the Penal Code, and (3) this bill is enacted after SB 282.
SEC. 8.68.
 Section 6.68 of this bill adds Section 28210 to the Penal Code, and incorporates into that section amendments to subdivision (b) of Section 12076 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (b) of Section 12076 of the Penal Code, (3) this bill adds Section 28210 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28210 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.69.
 Section 6.69 of this bill adds Section 28215 to the Penal Code, and incorporates into that section amendments to subdivision (c) of Section 12076 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (c) of Section 12076 of the Penal Code, (3) this bill adds Section 28215 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28215 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.70.
 Section 6.70 of this bill adds Section 28220 to the Penal Code, and incorporates into that section amendments to subdivision (d) of Section 12076 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (d) of Section 12076 of the Penal Code, (3) this bill adds Section 28220 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28220 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.71.
 Section 6.71 of this bill adds Section 28240 to the Penal Code, and incorporates into that section amendments to subdivision (i) of Section 12076 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (i) of Section 12076 of the Penal Code, (3) this bill adds Section 28240 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28240 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.72.
 Section 6.72 of this bill adds Section 28245 to the Penal Code, and incorporates into that section amendments to subdivision (k) of Section 12076 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (k) of Section 12076 of the Penal Code, (3) this bill adds Section 28245 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28245 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.73.
 Section 6.73 of this bill adds Section 28400 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 28400 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28400 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.74.
 Section 6.74 of this bill adds Section 28410 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 28410 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28410 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.75.
 Section 6.75 of this bill adds Section 28415 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 28415 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 28415 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.76.
 Section 6.76 of this bill adds Section 29805 to the Penal Code, and incorporates into that section amendments to Section 12021 of the Penal Code proposed by AB 2668. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2668 amends Section 12021 of the Penal Code, (3) this bill adds Section 29805 to the Penal Code, and (4) this bill is enacted after AB 2668, in which case Section 29805 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.77.
 Section 6.77 of this bill adds Section 29825 to the Penal Code, and incorporates into that section amendments to Section 12021 of the Penal Code proposed by SB 1062. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) SB 1062 would amend Section 12021 of the Penal Code but for Section 28 of that bill, (3) this bill adds Section 29825 to the Penal Code, and (4) this bill is enacted after SB 1062, in which case Section 29825 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.78.
 Section 6.78 of this bill adds Section 30105 to the Penal Code, and incorporates into that section amendments to Section 12077.5 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends Section 12077.5 of the Penal Code, (3) this bill adds Section 30105 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 30105 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.79.
 Section 6.79 of this bill adds Section 30150 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 30150 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 30150 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.80.
 Section 6.80 of this bill adds Section 30160 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 30160 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 30160 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.81.
 Section 6.81 of this bill adds Section 30165 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 30165 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 30165 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.82.
 Section 6.82 of this bill adds Section 30312 to the Penal Code, and incorporates into that section amendments to subdivisions (a) and (c) of Section 12318 of the Penal Code proposed by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 amends subdivisions (a) and (c) of Section 12318 of the Penal Code, (3) this bill adds Section 30312 to the Penal Code, and (4) this bill is enacted after AB 2358, in which case Section 30312 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.83.
 Section 6.83 of this bill adds Section 30346 to the Penal Code, which would continue the substance of paragraph (8) proposed to be added to subdivision (a) of Section 12061 of the Penal Code by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 adds paragraph (8) to subdivision (a) of Section 12061 of the Penal Code, and (3) this bill is enacted after AB 2358.
SEC. 8.84.
 Section 6.84 of this bill adds Section 30352 to the Penal Code, and incorporates into that section amendments to paragraph (3) of subdivision (a) of Section 12061 of the Penal Code proposed by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 amends paragraph (3) of subdivision (a) of Section 12061 of the Penal Code, (3) this bill adds Section 30352 to the Penal Code, and (4) this bill is enacted after AB 2358, in which case Section 30352 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.85.
 Section 6.85 of this bill adds Section 30355 to the Penal Code, and incorporates into that section a sentence proposed to be added to paragraph (4) of subdivision (a) of Section 12061 of the Penal Code by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 amends paragraph (4) of subdivision (a) of Section 12061 of the Penal Code to include a sentence on records that are no longer required to be maintained, (3) this bill adds Section 30355 to the Penal Code, (4) SB 282 is not enacted, and (5) this bill is enacted after AB 2358, in which case Section 30355 as proposed to be added by Sections 6 and 6.86 of this bill shall not become operative.
SEC. 8.86.
 Section 6.86 of this bill adds Section 30355 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12061 of the Penal Code proposed by AB 2358, as well as the substance of subdivisions (b) and (c) of Section 12062 of the Penal Code, proposed to be added by SB 282, which is contingent on enactment of AB 2358. It shall only become operative if (1) AB 2358, SB 282, and this bill are all enacted and become effective on or before January 1, 2011, (2) AB 2358 amends paragraph (4) of subdivision (a) of Section 12061 of the Penal Code to include a sentence on records that are no longer required to be maintained, (3) SB 282 adds Section 12062 to the Penal Code, (3) this bill adds Section 30355 to the Penal Code, and (4) this bill is enacted after AB 2358 and SB 282, in which case Section 30355 as proposed to be added by Sections 6 and 6.85 of this bill shall not become operative.
SEC. 8.87.
 Section 6.87 of this bill adds Section 30357 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12061 of the Penal Code proposed by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 amends paragraph (5) of subdivision (a) of Section 12061 of the Penal Code, (3) this bill adds Section 30357 to the Penal Code, and (4) this bill is enacted after AB 2358, in which case Section 30357 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.88.
 Section 6.88 of this bill adds Section 30358 to the Penal Code, which would continue the substance of a sentence proposed to be added to paragraph (4) of subdivision (a) of Section 12061 of the Penal Code by AB 2358. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 2358 amends paragraph (4) of subdivision (a) of Section 12061 of the Penal Code to include a sentence on providing information to a third party, (3) SB 282 is not enacted, and (4) this bill is enacted after AB 2358, in which case Section 30358 as proposed to be added by Section 6.89 of this bill shall not become operative.
SEC. 8.89.
 Section 6.89 of this bill adds Section 30358 to the Penal Code, which would continue the substance of a sentence proposed to be added to paragraph (4) of subdivisions (a) of Section 12061 of the Penal Code by AB 2358, as well as the substance of subdivisions (a) and (c) of Section 12062 of the Penal Code, proposed to be added by SB 282, which is contingent on enactment of AB 2358. It shall only become operative if (1) AB 2358, SB 282, and this bill are all enacted and become effective on or before January 1, 2011, (2) AB 2358 amends paragraph (4) of subdivision (a) of Section 12061 of the Penal Code to include a sentence on providing information to a third party, (3) SB 282 adds Section 12062 to the Penal Code, (3) this bill adds Section 30358 to the Penal Code, and (4) this bill is enacted after AB 2358 and SB 282, in which case Section 30358 as proposed to be added by Section 6.88 of this bill shall not become operative.
SEC. 8.895.
 Section 6.895 of this bill adds Section 30365 to the Penal Code, and incorporates into that section changes required by the addition of Section 30358 to the Penal Code as proposed in Section 6.88 and in Section 6.89. It shall only become operative if either Section 6.88 or Section 6.89 of this bill becomes operative, in which case Section 30365 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.90.
 Section 6.90 of this bill adds Section 31705 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 31705 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 31705 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.91.
 Section 6.91 of this bill adds Section 31715 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 31715 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 31715 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.92.
 Section 6.92 of this bill adds Section 31720 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 31720 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 31720 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.93.
 Section 6.93 of this bill adds Section 31735 to the Penal Code, and incorporates into that section amendments to paragraph (8) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (8) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 31735 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 31735 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.94.
 Section 6.94 of this bill adds Section 31775 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (k) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (k) of Section 12078 of the Penal Code, (3) this bill adds Section 31775 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 31775 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.95.
 Section 6.95 of this bill adds Section 31795 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (k) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (k) of Section 12078 of the Penal Code, (3) this bill adds Section 31795 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 31795 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.96.
 Section 6.96 of this bill adds Section 33850 to the Penal Code, and incorporates into that section amendments to paragraph (1) of subdivision (a) of Section 12021.3 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (1) of subdivision (a) of Section 12021.3 of the Penal Code, (3) this bill adds Section 33850 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 33850 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.97.
 Section 6.97 of this bill adds Section 33860 to the Penal Code, and incorporates into that section amendments to subdivision (c) of Section 12021.3 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (c) of Section 12021.3 of the Penal Code, (3) this bill adds Section 33860 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 33860 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.98.
 Section 6.98 of this bill adds Section 33865 to the Penal Code, and incorporates into that section amendments to subdivision (e) of Section 12021.3 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (e) of Section 12021.3 of the Penal Code, (3) this bill adds Section 33865 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 33865 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.99.
 Section 6.99 of this bill adds Section 33880 to the Penal Code, and incorporates into that section amendments to subdivision (j) of Section 12021.3 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (j) of Section 12021.3 of the Penal Code, (3) this bill adds Section 33880 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 33880 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.100.
 Section 6.100 of this bill adds Section 33890 to the Penal Code, and incorporates into that section amendments to subdivision (h) of Section 12021.3 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends subdivision (h) of Section 12021.3 of the Penal Code, (3) this bill adds Section 33890 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 33890 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.101.
 Section 6.101 of this bill adds Section 34355 to the Penal Code, and incorporates into that section amendments to paragraph (2) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (2) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 34355 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 34355 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.102.
 Section 6.102 of this bill adds Section 34365 to the Penal Code, and incorporates into that section amendments to paragraph (4) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (4) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 34365 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 34365 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 8.103.
 Section 6.103 of this bill adds Section 34370 to the Penal Code, and incorporates into that section amendments to paragraph (5) of subdivision (a) of Section 12078 of the Penal Code proposed by AB 1810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) AB 1810 amends paragraph (5) of subdivision (a) of Section 12078 of the Penal Code, (3) this bill adds Section 34370 to the Penal Code, and (4) this bill is enacted after AB 1810, in which case Section 34370 as proposed to be added by Section 6 of this bill shall not become operative.
SEC. 9.
 Notwithstanding Section 28 of SB 1062 of the 2009-10 Regular Session, amendments proposed to Section 12021 of the Penal Code by Section 18 of that bill shall be operative from the effective date of that bill, if it is enacted, until January 1, 2012, unless AB 2668 becomes effective on or before January 1, 2011.
SEC. 10.
 Sections 7 and 9 of this act become operative on January 1, 2011. The remainder of this act becomes operative on January 1, 2012.