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AB-1993 Secondhand goods: tangible personal property: dealers.(2017-2018)

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Date Published: 02/01/2018 09:00 PM
AB1993:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1993


Introduced by Assembly Member Gipson

February 01, 2018


An act to amend Section 21636 of the Business and Professions Code, relating to secondhand goods.


LEGISLATIVE COUNSEL'S DIGEST


AB 1993, as introduced, Gipson. Secondhand goods: tangible personal property: dealers.
Existing law requires every secondhand dealer and coin dealer to report the receipt or purchase of secondhand tangible personal property, except firearms, to the statewide uniform electronic reporting system known as the California Pawn and SecondhandDealer System (CAPSS) that receives secondhand dealer reports and is operated by the Department of Justice. Existing law requires secondhand dealers to electronically report the receipt or purchase of each firearm, as specified, to the Department of Justice in a format prescribed by the department. The law also applies these reporting requirements to pawnbrokers. The law requires every secondhand dealer and every coin dealer to retain in his or her possession for a period of 30 days all tangible personal property reported in accordance with specified provisions. The law requires the 30-day holding period to commence the date the report of its acquisition was made to the chief of police or the sheriff and authorizes the chief of police or the sheriff or the Department of Justice to authorize prior disposition of any property, as described. The law requires every secondhand dealer and coin dealer, during the 30-day holding period, to produce reported tangible personal property for inspection by any peace officer or employee designated by the chief of police or sheriff or the Department of Justice.
This bill, instead, would eliminate the 30-day holding period for tangible personal property, except for firearms. The bill would eliminate references to the chief of police or the sheriff and instead would require every secondhand dealer and coin dealer to retain in his or her possession for a period of 30 days all firearms reported electronically to the Department of Justice. The bill would require the 30-day holding period to commence the date the report of its acquisition was made electronically to the Department of Justice.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 21636 of the Business and Professions Code is amended to read:

21636.
 (a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of 30 days all tangible personal property firearms reported under Sections 21628, 21629, and 21630, and commencing July 1, 2010, Section 21628.2. The 30-day holding period with respect to this tangible personal property firearms shall commence with the date the report of its acquisition was made electronically to the chief of police or to the sheriff Department of Justice by the secondhand dealer and coin dealer. The chief of police or the sheriff may for good cause, as specified by the Department of Justice, or the Department of Justice may for good cause authorize prior disposition of any property firearms described in a specific report, provided that a secondhand dealer who disposes of tangible personal property firearms pursuant to that authorization shall report the sale thereof to the chief of police or the sheriff or the Department of Justice.
(b) During the 30-day holding period specified in subdivision (a) (a), every secondhand dealer and coin dealer shall produce any tangible personal property firearm reported under Sections 21628, 21629, and 21630, and commencing July 1, 2010, Section 21628.2, Section 21628.2 for inspection by any peace officer or employee designated by the chief of police or sheriff or the Department of Justice.
(c) Property Firearms subject to inspection as specified in subdivision (b) and property firearms held in pawn, which is pawn that are stored off the business premises of the licensee, licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request.
(d) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit for inspection, as specified in subdivision (b), any firearm acquired at a gun show or event within 48 hours of the request of the local law enforcement agency in the jurisdiction where the gun show or event was conducted at a location specified by the local law enforcement agency.