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SB-731 Firearms.(1991-1992)

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SB731:v92#DOCUMENT

Senate Bill No. 731
CHAPTER 6

An act to amend Sections 12071, 12071.1, and 12803 of the Penal Code, relating to firearms, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  February 19, 1992. Approved by Governor  February 19, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 731, Thompson. Firearms.
(1)  Existing law provides that the duly constituted licensing authorities of any city, county, or city and county shall accept applications for, and may grant licenses permitting, the licensee to sell firearms at retail within the city, county, or city and county.
This bill, in addition, would provide that for these purposes, the term “licensee” or “dealer” means a person who has (a) a valid federal firearms license, (b) any regulatory or business license, or licenses, required by local government, (c) a valid seller’s permit issued by the State Board of Equalization, (d) a certificate of eligibility issued by the Department of Justice, as specified, and (e) a license issued in a specified format. Because these provisions would expand the scope of the existing crime of selling, transferring, or leasing, or offering or exposing for sale, lease, or transfer, firearms without a license, the bill would impose a state-mandated local program.
The bill, among other things, would provide that a license granted by the duly constituted licensing authority of any city, county, or city and county shall be valid for not more than one year from the date of issuance and shall be in a specified form. In addition, the bill would specify that local licensing authorities may assess fees to recover their full costs of processing applications for licenses.
(2)  Existing law makes it a misdemeanor offense for any person to engage in the business of selling, leasing, transferring, offering, or exposing for sale, lease, or transfer, specified concealable firearms unless he or she has been issued a license by a city, county, or city and county licensing authority in accordance with specified provisions of existing law. Existing law further restricts the sale, delivery, or transfer of these firearms unless that transaction is accomplished in accordance with specified procedures. A violation of these provisions is a misdemeanor.
Under these provisions, a licensee may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at gun shows or events, as specified, provided the gun show or event is not conducted from any motorized or towed vehicle.
This bill, in addition, would provide that a licensee conducting business pursuant to these provisions may do so without regard to the jurisdiction that issued his or her license. The bill also would provide that a licensee, at gun shows or events, also may engage in the business of selling, leasing, or transferring firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, provided the person (a) complies with all other applicable provisions of law, including, but not limited to, the 15-day waiting period, as specified, and (b) complies with all applicable local laws, regulations, and fees, if any. These persons also would be required to publicly display their licenses, or a facsimile thereof, at any gun show or event, as specified.
(3)  This bill would add the requirement, commencing on and after July 1, 1993, that the purchaser or transferee of a pistol, revolver, or other firearm capable of being concealed upon the person present to the dealer a basic firearms safety certificate, as specified. Thus, to the extent the bill would increase the responsibilities of these dealers, the bill would expand the scope of an existing crime and create a state-mandated local program.
(4)  Under existing law, no later than 24 hours prior to the commencement of a gun show or event, the producer or promoter is, upon request, required to make available within 24 hours, or a later specified time, to the local law enforcement agency a complete and accurate list of all persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms.
This bill would increase the time in which the producer or promoter is required to make the above-described information available from 24 to 72 hours.
(5)  Under existing law, beginning on January 1, 1993, and prior to July 1, 1993, the Department of Justice is required to develop the course content and instructional materials for a basic firearms safety course. The department is required to ensure that the course is available to persons at convenient times and locations in a person’s county of residency by January 1, 1993.
This bill would extend the time in which the department is required to make the course available until June 1, 1993.
(6)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. (7)  This bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 12071 of the Penal Code is amended to read:

12071.
 (a)  (1)  As used in this chapter, the term “licensee” or “dealer” means a person who has (A) a valid federal firearms license, (B) any regulatory or business license, or licenses, required by local government, (C) a valid seller’s permit issued by the State Board of Equalization, (D) a certificate of eligibility issued by the Department of Justice pursuant to paragraph (4), and (E) a license issued in the format prescribed by paragraph (6).
(2)  The duly constituted licensing authority of a city, county, or a city and county shall accept applications for, and may grant licenses permitting, licensees to sell firearms at retail within the city, county, or city and county. The duly constituted licensing authority shall inform applicants who are denied licenses of the reasons for the denial in writing.
(3)  No license shall be granted to any applicant who fails to provide a copy of his or her valid federal firearms license, valid seller’s permit issued by the State Board of Equalization, and the certificate of eligibility described in paragraph (4).
(4)  A person may request a certificate of eligibility from the Department of Justice and the Department of Justice shall issue a certificate to an applicant when the department’s records indicate that the applicant is not a person who is prohibited from possessing firearms.
(5)  The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates.
(6)  A license granted by the duly constituted licensing authority of any city, county, or city and county, shall be valid for not more than one year from the date of issuance and shall be in one of the following forms:
(A)  In the form prescribed by the Attorney General.
(B)  A regulatory or business license which states on its face “Valid for Retail Sales of Firearms” and is endorsed by the signature of the issuing authority.
(C)  A letter from the duly constituted licensing authority having primary jurisdiction for the applicant’s intended business location stating that the jurisdiction does not require any form of regulatory or business license or does not otherwise restrict or regulate the sale of firearms.
(7)  Local licensing authorities may assess fees to recover their full costs of processing applications for licenses.
(b)  A license is subject to forfeiture for a breach of any of the following prohibitions and requirements:
(1)  (A)  Except as provided in subparagraphs (B) and (C), the business shall be conducted only in the buildings designated in the license.
(B)  A person licensed pursuant to subdivision (a), for purposes of complying with Section 12082, may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at gun shows or events, as defined in Section 178.100 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 subparagraph 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 subdivision (a).
A person licensed pursuant to subdivision (a), at gun shows and events, also may engage in the business of selling, leasing, or transferring firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, provided the person (i) complies with all other applicable law, including, but not limited to, the 15-day waiting period specified in subparagraph (A) of paragraph (3), and (ii) complies with all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall publicly display his or her license issued pursuant to subdivision (a), or a facsimile thereof, at any gun show or event, as specified in this subparagraph.
(C)  A person licensed pursuant to subdivision (a) may engage in the sale and transfer of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, at events specified in subdivision (g) of Section 12078, subject to the prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept delivery of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, 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 subdivision (g) of Section 12078.
(2)  The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.
(3)  No firearm shall be delivered:
(A)  Prior to January 1, 1996, within 15 days of the application for the purchase, or, after notice by the department pursuant to subdivision (c) of Section 12076, within 15 days of the submission to the department of corrected copies of the register, or within 15 days of the submission to the department of any fee required pursuant to subdivision (d) of Section 12076, whichever is later. On or after January 1, 1996, within 15 days of the application for the purchase of a pistol, revolver, or other firearm capable of being concealed upon the person, or, after notice by the department pursuant to subdivision (c) of Section 12076, within 15 days of the submission to the department of corrected copies of the register, or within 15 days of the submission to the department of any fee required pursuant to subdivision (d) of Section 12076, whichever is later. On or after January 1, 1996, within 10 days of the application for the purchase of any other firearm, or, after notice by the department pursuant to subdivision (c) of Section 12076, within 10 days of the submission to the department of corrected copies of the register, or within 10 days of the submission to the department of any fee required pursuant to subdivision (d) of Section 12076, whichever is later.
(B)  Unless unloaded and securely wrapped or unloaded and in a locked container.
(C)  Unless the purchaser or transferee either is personally known to the dealer or presents clear evidence of his or her identity and age to the dealer.
(D)  Whenever the dealer is notified by the Department of Justice that the person is in a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(4)  No pistol, revolver, or other firearm capable of being concealed upon the person 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.
(5)  The licensee shall agree to and shall act properly and promptly in processing transfers of firearms pursuant to Section 12082.
(6)  The licensee shall comply with Sections 12073 and 12077 and subdivisions (a) and (b) of Section 12072.
(7)  The licensee shall post conspicuously within the licensed premises the following warning in block letters not less than three inches in height:
“IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE CHILD GAINS ACCESS TO, AND IMPROPERLY USES, THE FIREARM.”
(8)   Commencing July 1, 1993, no pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered unless the purchaser or transferee presents to the dealer a basic firearm safety certificate.
(9)  Commencing July 1, 1992, the licensee shall offer to provide the purchaser or transferee of a firearm with a copy of the pamphlet described in Section 12080 and may add the cost of the pamphlet, if any, to the sales price of the firearm.
(10)  The licensee shall not commit an act of collusion as defined in Section 12072.
(c)  (1)  As used in this article, “clear evidence of his or her identity and age” includes, but is not limited to, a motor vehicle operator’s license, a state identification card, an armed forces identification card, an employment identification card which contains the bearer’s signature and photograph, or any similar documentation which provides the seller reasonable assurance of the identity and age of the purchaser.
(2)  As used in this article, “a basic firearm safety certificate” means a basic firearm certificate issued to the purchaser or transferee by the Department of Justice pursuant to Article 8 (commencing with Section 12800) of Chapter 6.

SEC. 2.

 Section 12071.1 of the Penal Code is amended to read:

12071.1.
 (a)  No person shall produce, promote, sponsor, operate, or otherwise organize a gun show or event, as specified in subparagraph (B) of paragraph (1) of subdivision (b) of Section 12071, unless that person possesses a valid certificate of eligibility from the Department of Justice. A certificate of eligibility shall be issued by the department to an applicant unless the department’s records indicate that the applicant is a person prohibited from possessing firearms.
(b)  The Department of Justice shall adopt regulations to administer the certificate of eligibility program under this section and shall recover the full costs of administering the program by fees assessed applicants who apply for certificates.
(c)  A knowing violation of this section shall be a misdemeanor and make the person ineligible for a certificate of eligibility for one year from the date of the violation or conviction, whichever is later.
(d)  No later than 24 hours prior to the commencement of a gun show or event, the producer or promoter thereof shall, upon request, make available within 72 hours, or a later specified time, to the local law enforcement agency a complete and accurate list of all persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms.
The producer shall thereafter, upon request, for every day the gun show or event operates, make available within 24 hours, or a later specified time, to the local law enforcement agency, an accurate, complete, and current list of the persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms.
This subdivision applies to persons, entities, and organizations whether or not they participate in the entire gun show or event, or only a portion thereof.
(e)  It is the intent of the Legislature that the certificate of eligibility program established pursuant to this section be incorporated into the certificate of eligibility program established pursuant to Section 12071 to the maximum extent practicable.

SEC. 3.

 Section 12803 of the Penal Code is amended to read:

12803.
 (a)  Beginning on January 1, 1993, and prior to July 1, 1993, the Department of Justice shall do all of the following:
(1)  Develop the course content and instructional materials for a basic firearms safety course. The course shall consist of not less than two, nor more than four, hours of instruction, including, but not limited to, instruction in the following areas as they pertain to pistols, revolvers, and other firearms capable of being concealed upon the person:
(A)  The safe use, handling, and storage of those firearms.
(B)  Methods for childproofing those firearms.
(C)  The laws applicable to the carrying and handling of those firearms.
(D)  The responsibilities of ownership of those firearms.
(2)  Develop an instructional manual and, if the department deems necessary, audiovisual materials, to be issued to an instructor certified by the department. The department shall make the instructional manual available to firearms dealers licensed pursuant to Section 12071, who shall have it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 12080.
(3)  Prescribe a minimum level of skill, knowledge, and competency to be required of all basic firearms safety instructors, and develop and provide the guidelines to be used to certify the instructors.
(4)  Develop an objective test on the subject matter of the basic firearms safety course. The objective test shall be based on the instructional manual referred to in paragraph (2). There shall be no less than five distinct versions of the objective test. The purpose of the objective test shall be to ensure knowledge of basic firearms safety. The test shall consist of not less than 20, nor more than 30, questions. An applicant shall respond successfully to at least 75 percent of the total number of questions in order to pass the test.
(b)  The department shall solicit input from any reputable association or organization which has, as one of its objectives, the promotion of firearms safety in the development of the basic firearms safety course.
(c)  The department shall periodically update the curriculum of the basic firearms safety course, instructional materials, the basic firearms safety manual, the objective test, and guidelines for certifying basic firearms safety instructors, as needed.
(d)  The department shall develop basic firearms safety certificates to be issued by the department, or an instructor certified by the department, to those persons who have complied with this article.
(e)  The department shall ensure that the course shall be available to persons at convenient times and locations in a person’s county of residency by June 1, 1993.
(f)  The Department of Justice shall be immune from any liability arising from implementing this section.

SEC. 4.

 This act shall become operative on March 1, 1992.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that the intended timeframe is followed for establishment of basic firearm safety courses and to completely implement the firearm safety certificate program, it is necessary that this act take effect immediately.