Today's Law As Amended


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AB-232 Firearms: buyback program.(2013-2014)



As Amends the Law Today


SECTION 1.

 Chapter 3 (commencing with Section 34380) is added to Division 12 of Title 4 of Part 6 of the Penal Code, to read:

CHAPTER  3. Gun Buyback Program
34380.
 This title shall be known and may be cited as the Gun Buyback Program of 2014.
34381.
 (a) There is hereby established in the Department of Justice a Gun Buyback Program.
(b) A city council or county board of supervisors may apply for funding to the department under the program for up to 50 percent of the total cost of a local, voluntary gun buyback program. The local program may dispense cash or vouchers for cash, goods, or services as part of the buyback program. Any vouchers for cash, goods, or services that the local jurisdiction receives as donations shall be counted for purposes of determining the amount of matching funds that may be applied for.
(c) In order to encourage community participation, 25 percent of the total cost of the local program shall be spent on a public education campaign informing the public of the epidemiological risks associated with having a firearm in the home, particularly regarding accidental deaths of children, domestic violence, and suicides, and the opportunity to dispose of unwanted firearms through the buyback program. The public education campaign shall be conducted in partnership with local community-based organizations described in Section 501(c)(3) of the Internal Revenue Code that have an interest in reducing firearms violence. The local agency may contract with local community-based organizations described in Section 501(c)(3) of the Internal Revenue Code for purposes of developing messages for and promoting the public education campaign.
(d) The city police department or county sheriff department shall administer the local program. Local law enforcement agencies may also enter into a memorandum of understanding with each other and with local community-based organizations described in Section 501(c)(3) of the Internal Revenue Code to jointly apply for funding and administer the local program. Local law enforcement entities administering the local program shall have discretion to administer the local program in a manner and under criteria they determine are most likely to reduce life threatening violence, including whether the local program will require the disclosure of the identification of the person selling the firearm for purposes of the program, and the number and types of firearms that will be purchased under the program.
34382.
 (a) All firearms purchased under this program shall be disposed of pursuant to Section 18005, provided that no firearm received pursuant to this title may be resold or transferred to the public, or to persons licensed pursuant to Sections 26700 to 29615, inclusive. No firearms purchased under this program may be resold or exchanged for value, except in connection with the destruction and conversion to scrap of the firearm.
(b) Firearms shall not be destroyed pursuant to this program if they are needed as evidence. Firearms purchased under this program that need to be preserved as evidence shall be disposed of pursuant to those provisions of law governing firearms that are used for evidentiary purposes.
(c) Firearms purchased through this program that are determined to be stolen shall be returned to their owner, if the owner can reasonably be identified and the return can reasonably be accomplished. If it is not possible after good faith efforts to identify the owner of a stolen firearm, or to return a stolen firearm to its owner, the firearm may be destroyed pursuant to this section.
(d) Sales, deliveries, or transfers made pursuant to this title shall be deemed to be a transaction that complies with Sections 27850 and 31725.
34383.
 (a) The Department of Justice shall prescribe procedures for the recovery, tracing, determination of ownership, and destruction of firearms purchased under this program.
(b) The department shall prescribe the procedures and requirements for application for funds under this program, and shall administer the distribution of funds for this program to participating local entities.