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AB-1009 Firearms: reports to the Department of Justice.(2019-2020)

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Date Published: 08/13/2019 09:00 PM
AB1009:v96#DOCUMENT

Amended  IN  Senate  August 13, 2019
Amended  IN  Senate  June 14, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1009


Introduced by Assembly Member Gabriel

February 21, 2019


An act to amend Sections 17000, 27560, 27565, 27875, 27920, 27966, and 28000 28000, and 28230 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1009, as amended, Gabriel. Firearms: reports to the Department of Justice.
Existing law generally requires firearms transactions to be processed through a licensed firearms dealer. Existing law generally requires firearms transactions that are exempt from the dealer requirement to be reported to the Department of Justice, either by mail or in person, or in a format prescribed by the department.
This bill would, for various firearm transactions, as specified, instead allow the report to be made only by mail or via the California Firearms Application Reporting System (CFARS), and would, for reports submitted by mail, allow the Department of Justice to charge the person making the report a surcharge, not to exceed $20, for the reasonable cost of receiving and processing the report.
Existing law allows the Department of Justice to charge a specific fee sufficient to reimburse it for the actual processing costs associated with the submission of a Dealers’ Record of Sale to the department.
This bill would delete that authority.
This bill would incorporate additional changes to Section 27920 of the Penal Code proposed by AB 1292 to be operative only if this bill and AB 1292 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 27966 of the Penal Code proposed by SB 376 to be operative only if this bill and SB 376 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 28230 of the Penal Code proposed by SB 376 to be operative only if this bill and SB 376 are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 17000 of the Penal Code is amended to read:

17000.
 (a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and, on and after January 1, 2014, any reference to the term “personal handgun importer” shall be deemed to mean “personal firearm importer.” A “personal handgun importer,” until January 1, 2014, and commencing January 1, 2014, a “personal firearm importer” means an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(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 January 1, 2014, 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 January 1, 2014.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice 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.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(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. 2.

 Section 27560 of the Penal Code is amended to read:

27560.
 (a) Within 60 days of bringing a firearm into this state, a personal firearm importer shall do one of the following:
(1) Forward by prepaid mail to the Department of Justice, or submit via the California Firearms Application Reporting System (CFARS), 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 Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(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 this 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, until December 31, 2024, 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 Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(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 Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(B) 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.
(C) 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) If a report referred to in paragraph (1) of subdivision (a) is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report. Any costs incurred by the department to implement this section that are not recovered by this surcharge 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. 3.

 Section 27565 of the Penal Code is amended 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, and commencing January 1, 2014, 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 manner and format prescribed by the department.
(c) If the report is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 4.

 Section 27875 of the Penal Code is amended to read:

27875.
 (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(4) The person taking title to the firearm shall first obtain a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(c) If the report required by this section is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 5.

 Section 27920 of the Penal Code is amended to read:

27920.
 (a) Section 27545 does not apply to a person who takes title or possession of a firearm 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:
(1) 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), (h), (i), or (j) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner and format prescribed by the department, that includes 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) If the person taking title or possession is receiving the firearm pursuant to subdivision (g) or (h) of Section 16990, the person shall do both of the following:
(A) Within 30 days of taking possession, submit a report to the Department of Justice, in a manner and format prescribed by the department, that includes 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) Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(3) Where the person receiving title or possession of the firearm 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 in AFS. 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.
(4) Where the person receiving title or possession of the firearm 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 in AFS. 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 the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm as an executor or administrator of an estate.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (1) of subdivision (a).
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(4) If the executor or administrator subsequently acquires ownership of that firearm in an individual capacity, prior to transferring ownership to themselves, the executor or administrator shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The executor or administrator is 18 years of age or older.
(c) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(4) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(d) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(2) The person is not subject to the requirements of Section 27560.
(3) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(4) The firearm is not an assault weapon.
(5) The firearm is not a machinegun.
(6) The firearm is not a .50 BMG rifle.
(7) The firearm is not a destructive device.
(8) The person is 18 years of age or older.
(9) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(e) The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.
(f) If the report required by this section is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 5.5.

 Section 27920 of the Penal Code is amended to read:

27920.
 (a) Section 27545 does not apply to a person who takes title or possession of a firearm 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:
(1) 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), (h), (i), or (j) (j), (l), or (q) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner and format prescribed by the department, that includes 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) If the person taking title or possession is receiving the firearm pursuant to subdivision (g) or (h) (g), (h), (l), or (q) of Section 16990, the person shall do both of the following:
(A) Within 30 days of taking possession, submit a report to the Department of Justice, in a manner and format prescribed by the department, that includes 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) Until January 1, 2015, prior Prior to taking title or possession of the firearm, the person shall obtain a handgun safety certificate, if the firearm is a handgun. Commencing January 1, 2015, prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate for any firearm, certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(3) Where the person receiving title or possession of the firearm 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 in AFS. 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.
(4) Where the person receiving title or possession of the firearm 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 in AFS. 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 the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm as an executor or administrator of an estate. executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (1) of subdivision (a).
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(4) If the executor executor, personal representative, trustee, or administrator subsequently acquires ownership of that firearm in an individual capacity, prior to transferring ownership to himself or herself, he or she themselves, the executor or administrator shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The executor executor, personal representative, trustee, or administrator is 18 years of age or older.
(c) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(4) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(d) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(2) The person is not subject to the requirements of Section 27560.
(3) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(4) The firearm is not an assault weapon.
(5) The firearm is not a machinegun.
(6) The firearm is not a .50 BMG rifle.
(7) The firearm is not a destructive device.
(8) The person is 18 years of age or older.
(9) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner and format prescribed by the department, 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.
(e) The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.
(f) If the report required by this section is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 6.

 Section 27966 of the Penal Code is amended to read:

27966.
 If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall, in a manner and format prescribed by the department, submit 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.
(g) If the report required by this section is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 6.5.

 Section 27966 of the Penal Code is amended to read:

27966.
 Commencing January 1, 2014, if If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:

(a)The sale, loan, or transfer is infrequent, as defined in Section 16730.

(b)

(a) The firearm is not a handgun.

(c)

(b) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

(d)

(c) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.

(e)

(d) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.

(f)

(e) 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, shall, in a manner and format prescribed by the department, submit 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.
(f) If the report required by this section is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 7.

 Section 28000 of the Penal Code is amended to read:

28000.
 (a) A person who is exempt from Section 27545 or is otherwise not required by law to report acquisition, ownership, destruction, or disposal of a firearm, or who moves out of this state with the person’s firearm, may report that information to the Department of Justice, in a manner and format prescribed by the department.
(b) If a report submitted pursuant to this section is submitted by mail, the department may charge the person making the report a surcharge, not to exceed twenty dollars ($20), for the reasonable cost of receiving and processing the report.

SEC. 8.

 Section 28230 of the Penal Code is amended to read:

28230.
 (a) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations:
(1) For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to any provision listed in subdivision (a) of Section 16585.

(2)For the actual processing costs associated with the submission of a Dealers’ Record of Sale to the department.

(3)

(2) For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to Section 26905, 27565, 27875, 27966, or 28000, paragraph (1) of subdivision (a) of Section 27560, or paragraphs (1) and (2) of subdivision (a) of, and subdivisions (b), (c), and (d) of, Section 27920.

(4)

(3) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.

(b)If the department charges a fee pursuant to paragraph (2) of subdivision (a), it shall be charged in the same amount to all categories of transaction that are within that paragraph.

(c)

(b) Any costs incurred by the Department of Justice to implement this section shall be reimbursed from fees collected and charged pursuant to this section. No fees shall be charged to the dealer pursuant to Section 28225 for implementing this section.

SEC. 8.5.

 Section 28230 of the Penal Code is amended to read:

28230.
 (a) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations:
(1) For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to any provision listed in subdivision (a) of Section 16585.

(2)For the actual processing costs associated with the submission of a Dealers’ Record of Sale to the department.

(3)

(2) For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to Section 26556, 26905, 27565, 27875, 27966, or 28000, paragraph (1) of subdivision (a) of Section 27560, or paragraphs (1) and (2) of subdivision (a) of, and subdivisions (b), (c), and (d) of, Section 27920.

(4)

(3) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.

(b)If the department charges a fee pursuant to paragraph (2) of subdivision (a), it shall be charged in the same amount to all categories of transaction that are within that paragraph.

(c)

(b) Any costs incurred by the Department of Justice to implement this section shall be reimbursed from fees collected and charged pursuant to this section. No fees shall be charged to the dealer pursuant to Section 28225 for implementing this section.

SEC. 9.

 (a) Section 5.5 of this bill incorporates amendments to Section 27920 of the Penal Code proposed by both this bill and Assembly Bill 1292. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 27920 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1292, in which case Section 5 of this bill shall not become operative.
(b) Section 6.5 of this bill incorporates amendments to Section 27966 of the Penal Code proposed by both this bill and Senate Bill 376. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 27966 of the Penal Code, and (3) this bill is enacted after Senate Bill 376, in which case Section 6 of this bill shall not become operative.
(c) Section 8.5 of this bill incorporates amendments to Section 28230 of the Penal Code proposed by both this bill and Senate Bill 376. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 28230 of the Penal Code, and (3) this bill is enacted after Senate Bill 376, in which case Section 8 of this bill shall not become operative.