Today's Law As Amended


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SB-1100 Firearms: transfers.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 27510 of the Penal Code is amended to read:

27510.
 (a) A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person who is  under 21 years of age.
(b) (1) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part  handgun  to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person who is to any of the following persons who are  18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member older: 
(3) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A) An active peace officer, as described 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 his or her  employment.
(B) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her  employment.
(C) A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her  employment as a reserve peace officer.
(D) A person who provides proper identification of his or her  active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
(E) A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.

SEC. 2.

 Section 29182 of the Penal Code is amended to read:

29182.
 (a) (1)  The Department of Justice may shall  accept applications from, and may shall  grant applications in the form of serial numbers pursuant to Sections Section  23910 and 29180  to, persons who wish to own a firearm or firearm precursor part that does not have a valid state or federal serial number or mark of identification. manufacture or assemble firearms pursuant to subdivision (b) of Section 29180. 
(2) The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b) An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1) For each transaction, completes a personal  firearms eligibility check pursuant to Section 28220  demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) (A)  Presents proof of age and identity as specified in Section 16400 demonstrating that person is  16400. Except as provided in subparagraph (B), the applicant shall be  21 years of age or older. older to obtain a unique serial number or mark of identification for a firearm. 
(B) The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3) Provides a description of the firearm that the applicant  he or she  owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4) Has a valid firearm safety certificate or handgun safety  certificate.
(c) The department shall inform applicants who are denied an application of the reasons for the denial in writing. The reason for denial may include, without limitation, any of the following: 
(1) Based on a firearm eligibility check conducted pursuant to Section 28220, the department has determined that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) Based on a firearm eligibility check conducted pursuant to Section 28220, the department is unable to ascertain the disposition of an arrest or criminal charge, is unable to ascertain the outcome of a mental health evaluation or treatment, or otherwise is unable to conclusively determine that the applicant is not ineligible.
(3) The applicant’s description of the firearm that the applicant owns or intends to manufacture or assemble indicates that the firearm would be considered any of the following:
(A) An unsafe handgun.
(B) An assault weapon, as defined in Section 30510 or 30515.
(C) A machinegun.
(D) A .50 BMG rifle.
(E) A destructive device, as defined in Section 16460.
(F) A short-barreled rifle or short-barreled shotgun.
(G) An unconventional pistol.
(H) Any other firearm prohibited by this part.
(d) (1)  All applications received on or after January 1, 2024,  shall be granted or denied within 90 15  calendar days after of  the receipt of the application by the department.
(2) Any application received before January 1, 2024, may be granted or denied within a period of time prescribed by the department.
(e) (1)  This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2) This chapter does not authorize a person to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f) The department shall adopt regulations to administer this chapter.

SEC. 2.5.

 Section 29182 of the Penal Code is amended to read:

29182.
 (a) (1)  The Department of Justice may shall  accept applications from, and may shall  grant applications in the form of serial numbers pursuant to Sections Section  23910 and 29180  to, persons who wish to own a firearm or firearm precursor part that does not have a valid state or federal serial number or mark of identification. manufacture or assemble firearms pursuant to subdivision (b) of Section 29180. 
(2) The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b) An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1) For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) (A)  Presents proof of age and identity as specified in Section 16400 demonstrating that person is  16400. Except as provided in subparagraph (B), the applicant shall be  21 years of age or older. older to obtain a unique serial number or mark of identification for a firearm. 
(B) The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3) Provides a description of the firearm that the applicant  he or she  owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4) Has a valid firearm safety certificate or handgun safety  certificate.
(c) The department shall inform applicants who are denied an application of the reasons for the denial in writing. The reason for denial may include, without limitation, any of the following: 
(1) Based on a firearm eligibility check conducted pursuant to Section 28220, the department has determined that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) Based on a firearm eligibility check conducted pursuant to Section 28220, the department is unable to ascertain the disposition of an arrest or criminal charge, is unable to ascertain the outcome of a mental health evaluation or treatment, or otherwise is unable to conclusively determine that the applicant is not ineligible.
(3) The applicant’s description of the firearm that the applicant owns or intends to manufacture or assemble indicates that the firearm would be considered any of the following:
(A) An unsafe handgun.
(B) An assault weapon, as defined in Section 30510 or 30515.
(C) A machinegun.
(D) A .50 BMG rifle.
(E) A destructive device, as defined in Section 16460.
(F) A short-barreled rifle or short-barreled shotgun.
(G) An unconventional pistol.
(H) Any other firearm prohibited by this part.
(d) (1)  All applications received on or after January 1, 2024,  shall be granted or denied within 90 15  calendar days after of  the receipt of the application by the department.
(2) Any application received before January 1, 2024, may be granted or denied within a period of time prescribed by the department.
(e) (1) This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2) This chapter does not authorize a person  person, on or after July 1, 2018,  to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f) The department shall adopt regulations to administer this chapter.
SEC. 3.
 Section 2.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 746. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 746, in which case Section 2 of this bill shall not become operative.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.